By Kate Wallace, LPN, EMHL, JD
Criminal and civil lawsuits related to COVID-19 outbreaks are already being filed against executives and directors of long-term care facilities across the senior care industry. The ABA Journal reports that 55 wrongful death suits have been filed and a “wave of lawsuits” is on the way.
For example, the Massachusetts Attorney General has brought criminal neglect charges against the two senior executives of a nursing home. If convicted of all charges, they could face years or decades in prison. Federal prosecutors have also begun an investigation.
“We believe this is the first criminal case in the country brought against those involved in nursing homes during the COVID-19 pandemic. We allege that the actions of these defendants during the COVID-19 outbreak warrant criminal charges,” said Maura Healey, Massachusetts Attorney General.
The family of one of the residents who died has also filed a $170 million lawsuit against five administrators of the LTC facility. Their positions: Medical Director, Chief Nursing Officer, Assistant Nursing Director, Superintendent, and Secretary. The attorneys are also in the process of expanding it to a class-action lawsuit.
We will be hosting an important joint webinar with Amy Parker, a leading senior care industry attorney from Morrison Mahoney law firm to discuss this important topic on the minds of so many directors and executives. Amy will provide an update on the current lawsuits, best practices to avoid personal and organizational lawsuits.
Amy’s legal practice is focused on civil defense litigation with an emphasis on medical professional liability and directors and officers (D&O) liability. She defends nursing homes, assisted living facilities, businesses, home care agencies, medical professionals, and individuals in a wide range of matters involving medical malpractice, employment, and wrongful death.
She will be joined by CareSafely CEO Raj Shah who will share how long-term care facilities can automate their infection control workflows to stay audit ready and better defend against future lawsuits.
The webinar was on Tuesday, November 24, 2020. You can watch the full webinar and download the discussion slides on our resources page.