Illinois Department of Public Health Releases Troubling COVID-19 Nursing Home Data

Each week of this global pandemic, the Illinois Department of Public Health (IDPH) releases updated data on COVID-19 cases and deaths throughout the state. The IDPH is also responsible for governing nursing homes in Illinois and releases nursing home-specific data.

Large Portion of COVID-19 Illinois Deaths Linked to Nursing Homes

At this time, the total number of cases of nursing home-related COVID-19 cases has reached nearly 15,000 statewide. The total number of coronavirus nursing home deaths is up to 2,400.

The IDPH further breaks down the cases and fatalities by each facility. In Cook County, Elevate Care Chicago North (northside), Glenview Terrace, and Peterson Park Healthcare (northwest side) have reported some of the highest figures, with each facility recording more than 25 fatalities.

As we have learned over the course of the coronavirus, the nursing home population (elderly and those with pre-existing conditions) have a much-increased susceptibility to COVID-19 compared to the general public. For this reason, it’s very important that nursing home facilities and staffs take every necessary precaution to protect their vulnerable residents.

That includes all of the precautions advised by the CDC and state and local governments, such as social distancing, face coverings, and consistent handwashing with antiviral soap.

Based on the alarming figures and other reports from family members of nursing home residents, it is apparent that some nursing home facilities in Illinois are not meeting the challenges of COVID-19. As a result, we now see many coronavirus cases that could’ve been prevented by nursing home staff if they had taken more care to protect the patient.

Illinois Executive Order Shields Healthcare Facilities from Lawsuits (Except When Grossly Negligent)

At the outset of the pandemic, Governor Pritzker issued an executive order granting civil liability protections to certain categories of people and organizations.

The governor’s order shields health care professionals and facilities from civil liability “for any injury or death alleged to have been caused by any act or omission by the Health Care Facility, which injury or death occurred at a time when a Health Care Facility was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak.”

What does this order mean for bringing a lawsuit against a nursing home if a loved one contracts COVID-19 as a result of the facility’s misconduct?

While the executive order grants nursing home facilities additional protections, it does not provide a complete shield to liability. The order still allows nursing homes to be held accountable when the nursing home has engaged in gross negligence or willful misconduct – conduct that exceeds the usual standard of care.

However, we believe that a nursing home’s failure to follow the CDC instructions on face coverings, social distancing, quarantining, and so on, may constitute gross negligence given the vulnerable populations they serve.

Did your loved one pass away from exposure to COVID-19 at a nursing home? We can help.

If you have a loved one who contracted COVID-19 as a resident in a nursing home or long-term care facility, it is worth investigating whether the facility failed to meet the standard of care in protecting your loved one.

When we review a case, there is no cost to you, so there is absolutely no downside to contacting us to explore your legal options. Please do not hesitate to contact us if you have any questions about any potential COVID-related claim at (312) 578-9501.