Close to 30,000 residents and workers have died from the novel coronavirus at nursing homes and other long-term care facilities – both residents and essential workers. Nursing home populations are at a high risk of being infected by the coronavirus and the number of deaths linked to care facilities is far higher than non-at-risk groups. Underlying health conditions among older adults and confined living areas influence the high rates of coronavirus cases and deaths linked to care facilities.
As of mid-May, Illinois has the fourth highest COVID-19 infections linked to long-term care facilities, with roughly 11,500 cases. These 11,500 nursing home cases account for 46% of total Illinois State deaths.
IL COUNTY | CASES | IL COUNTY | CASES |
Cook | 6,133 | McHenry | 444 |
Lake | 605 | Kane | 455 |
Will | 600 | Kankakee | 96 |
DuPage | 1,476 | St. Clair | 165 |
Long-term care facilities have a duty to protect residents and take proactive measures to stop the spread of the coronavirus and other diseases. These facilities may have legal liability during the coronavirus crisis; however, there is pending Federal legislation that may protect nursing homes from lawsuits regarding COVID-19 infections and deaths. As of May 18, 2020, that litigation is still merely a proposal.
Absent such legislation, the most important factor to consider when determining if you have a case against a nursing home or long term care facility regarding a COVID-19 infection is whether the facility and its employees behaved negligently in causing you or your loved one to become infected with the virus. Negligent behavior is behavior that does not conform to the behavior of a reasonable facility or nursing home employee. Some potentially negligent behavior might include failing to maintain sanitation; failing to comply with state and CDC regulations; failing to remove or isolate infected residents from the general population; and failing to remove infected or symptomatic employees from the facilities.
Nursing homes and long-term care facilities should take broad steps to protect residents including:
The facilities should take precautions to ensure that healthcare providers, and any employees of the nursing home, do not come to work if they are ill or experiencing any COVID-19 symptoms. Nursing homes should further take additional steps to ensure cleanliness and reduce the spread of the virus. This includes ensuring the facility is cleaned regularly and that workers frequently wash their hands and wear face masks.
Consider the following questions if you suspect a long-term care facility did not follow guidelines to limit the spread of the virus:
Facilities that fail to take reasonable steps to limit spread and/or follow new regulations may be subject to lawsuits.
If you or a loved one was infected with Covid-19 while staying in an Illinois nursing home, contact the Kryder Law Group, LLC. immediately for your free consultation. The facts that are specific and unique to your situation will determine whether you are entitled to compensation under the law and whether you can recover monetary damages. It is important to contact our office soon because under Illinois law, there is a limited amount of time to file a lawsuit against the negligent party. We understand how this kind of loss can be incredibly stressful, so please read our positive Google reviews and see how we’ve helped countless others handle similar injuries.