Nursing Home Accused of Causing Wrongful Death and Negligence

An Arkansas nursing home is being sued for negligence and wrongful death of a former resident. The daughter of a resident who passed away in the Arkansas nursing home filed the complaint on July 1, 2021.

According to the complaint, the former resident was initially admitted to the Arkansas nursing home in April 2018. On July 1, 2019, he sustained injuries from several decubitus ulcers due to alleged negligence by the facility. He was then admitted to a hospital and was diagnosed with sepsis, requiring three weeks of acute care. Afterward, he was readmitted to the same Arkansas nursing home. He was later readmitted on February 1, 2020, to the acute care hospital for another two weeks to treat his decubitus ulcers.

On June 1, 2020, while a resident of the Arkansas nursing home, the resident was exposed to and allegedly allowed to contract COVID-19, and expired on July 3, 2020. His daughter alleges that it was because of the nursing facilityā€™s negligence that her father became sick multiple times, compromising his immune system.

The former residentā€™s daughter is seeking general and special damages, cost of litigation, and further relief.

Issue:

The number of COVID-19 cases once again is beginning to rise across the country; therefore it is imperative that staff follow infection prevention protocols. All staff members should adhere to the Core Principles of COVID-19 Infection Prevention. Supervisors and others who have decision making capacity must follow infection control protocols when assessing staff members and know when staff members should be prohibited from working to decrease the spread of infections. Obtain the Core Principles at this link: QSO-20-39-NH REVISED (cms.gov)

Discussion Points:

  • Review policies and procedures to ensure implementation of the Core Principles of COVID-19 Infection Prevention and the effectiveness of the facilityā€™s Infection Prevention and Control Plan.Ā 
  • Train staff in the Core Principles of COVID-19 Infection Prevention.Ā  Document that the training occurred and file the signed training document in employeeā€™s education file.
  • Periodically audit to ensure that the Core Principles of COVID-19 Infection Prevention are being followed by staff, residents, and visitors.