As COVID-19 cases rise in long-term care facilities, a legal expert is stressing the importance of documentation and training to prevent operators from being the subjects of coronavirus-related litigation.
“[Workers] could say that employers knew that there was an outbreak and didn’t properly prepare or provide proper [personal protective equipment] or training,” Mara Cohara, partner at the Lathrop GPM law firm and leader of its Environmental and Tort Practice Group, told McKnight’s.
“They will try to find ways where [providers] were reckless or intentionally exposed their employees or folks in the facilities,” she added.
Cohara said insurance and workers compensation coverage should be able to cover potential claims but added that “plaintiffs are going to get very creative and find ways to get around workers compensation.”
Cohara said new federal mandates issued in response to the pandemic could help providers avoid potential liability.
The Centers for Medicare & Medicaid Services in late August announced that providers would be required to test all staff members for COVID-19. Providers, meanwhile, also are required to report all coronavirus-related infections to the Centers for Disease Control and Prevention.
Cohara strongly encouraged facilities to designate someone to regularly check their own care standards and compliance plan and federal guidance, and continuously update their plans based on new information. She added that compliance plans should explain how to prevent the spread of COVID-19 and outline actions that must be taken if a resident is diagnosed with the illness.
“Once that plan’s adopted, they need to make sure they’re following it,” Cohara said.
In late July, Sen. John Cornyn (R-TX) introduced the Safe to Work Act, which would discourage insubstantial lawsuits related to the pandemic. The proposal was referred to the Senate Judiciary Committee.
From the October 2020 Issue of McKnight's Long-Term Care News
