IDPH Mandates COVID Testing in Nursing Homes

In the several months that this novel coronavirus has plagued our country and the world, we’ve learned that the virus has particularly devastating effects on a couple of vulnerable groups: the elderly and those with compromised immune systems. Many people who make up those vulnerable populations reside in nursing homes and long-term care facilities throughout the nation.

Nursing homes have been hit very hard in Illinois. More than 40% of all COVID-19 related deaths in Illinois are nursing home residents. Some nursing homes in the state acted swiftly and early, recognizing the dangers to their residents.

Others, though, have reacted painfully and slowly after the general public knew of the particular vulnerability of nursing home populations. They also know that the coronavirus can be transmitted by people who have no symptoms and no idea that they have the virus. Many of those nursing homes were not proactive in protecting their residents, and significant outbreaks have occurred.

IDPH issues an emergency order

On May 28^th, the Illinois Department of Public Health (which governs nursing homes statewide) made an effort to spur nursing homes to be proactive in protecting their residents. It issued an emergency order requiring nursing homes statewide to conduct coronavirus testing of all residents and staff.

Nursing homes and long-term care facilities that do not comply with the emergency order will be subject to fines and possible loss of licensure. The IDPH Director, in a statement, relayed that the department cannot rely on voluntary compliance from the facilities alone.

Holding negligent Illinois nursing homes accountable

In our experience, one of the most effective ways to keep companies like nursing homes in compliance with safety standards is the possibility of trial attorneys holding them accountable if they put the bottom line ahead of safety.

Our attorney Pat Anderson recently wrote a fantastic article about how trial lawyers play a critical role in keeping companies in many industries safer for the general public.

Unfortunately, trial lawyers have been partially hamstrung when it comes to prosecuting cases against negligent nursing homes during the COVID-19 pandemic. In March, Governor Pritzker issued an executive order granting blanket partial immunity against medical care providers and nursing homes treating COVID-19 patients.

We understand that this is an unprecedented situation facing our state and our world. We also understand that nursing home residents are dying every day because certain facilities did not take reasonable precautionary steps to prevent outbreaks amongst these vulnerable populations.

The governor’s order requires a victim who contracts COVID-19 in a nursing home to prove that the facility was grossly negligent or exhibited willful misconduct – both standards higher than the typical negligence standard to which nursing homes are usually held.

To be clear, some nursing home and long-term care facilities that have the largest number of cases and fatalities may well have engaged in conduct meeting the heightened standard under the order.

Our Chicago nursing home malpractice lawyers are here for you

If a loved one has contracted COVID-19 while in residence at a nursing home or long-term care facility, it is important that you talk to an attorney to discuss your options.

Our lawyers thoroughly investigate the conduct of these facilities – at no cost to you – and will candidly advise whether we think a viable claim can be made Please feel free to give us a call at (312) 578-9501 or fill out the form at the bottom of the page to get started.