In two separate lawsuits, family members allege that an Illinois nursing home was negligent in providing care for their loved ones.
One of the suits was filed by the daughter of an 82-year-old woman who contracted COVID-19, was hospitalized on March 25, and was later returned to the facility. On April 26, the resident was again hospitalized due to falling and having seizures on two separate occasions, and her daughter reported that her mother fell four more times in May. According to the suit, the nursing home administrator allegedly told a staff member to allow the resident to fall in hopes that her injuries would lead to a discharge.
In May, the daughter spoke with news media complaining about how the Coronavirus spread through the facility and that her complaints got no response. On June 1, the lawsuit alleges that the administrator threatened to discharge the resident within 30 days in retaliation for the daughter’s allegations regarding neglect.
The sister of another resident in the nursing home filed a wrongful death suit against the facility, seeking more than $50,000 in damages for alleged negligence and violations of the Illinois Nursing Home Care Act. The suit alleges that the resident died on March 31 from acute respiratory distress syndrome associated with COVID-19. The sister’s suit alleges that the facility has been mismanaged for years, and that mismanagement was a contributing factor in its delayed response in implementing infection control protocols to prevent the spread of the virus.
It is also alleged in the suit that staff working with residents were not provided personal protective (PPE) equipment, and the facility did not conduct widespread testing for the virus until after March 28.
Additionally, since 2011, the facility has received repeated citations regarding the inadequacy of its infection control plan, and consequently was ill-prepared for the COVID-19 outbreak.
Compliance Perspective
Issue
Failure to have and appropriately implement an effective Infection Control Plan to prevent the spread of the extremely contagious outbreak of a virus like COVID-19, having inadequate supplies of PPE, not requiring staff caring for residents to wear PPE, ignoring a resident’s repeated falls, and threatening to discharge a resident in retaliation to a family member’s complaints may be considered abuse and neglect and provision of substandard quality of care, in violation of state and federal regulations.
Discussion Points
- Review policies and procedures regarding having an effective Infection Control Plan and the most recently issued guidance from the Centers for Disease Control and Prevention (CDC) (Preparing for COVID-19 in Nursing Homes), and laws prohibiting retaliation against persons issuing complaints.
- Train staff regarding abuse and neglect, fall risk assessments, and the proper use and wearing of PPE.
- Periodically audit to determine if the facility’s Infection Control Plan is adequate and meets the requirements indicated in the CDC and Centers for Medicare & Medicare Services guidance regarding COVID-19.
FOR MORE INFORMATION ON THIS TOPIC view: CO-Q CERTIFICATE PROGRAM PROMO and COVID-19 FACILITY PREPAREDNESS SELF-ASSESSMENT
