Nursing homesStates Are Making It Harder to Sue Nursing Homes over COVID-19, and that Immunity from Lawsuits Is a Bad Idea

Published 11 June 2020

The coronavirus has devastated nursing homes across the country, killing tens of thousands of vulnerable older Americans. Nursing homes did not cause the pandemic, but poor infection control, inadequate staffing and sluggish mitigation allowed the virus to spread. Tara Sklar and Nicolas Paul Terry write in The Conversation that rather than doing more to hold these facilities accountable, however, states increasingly are protecting them from lawsuits. That shift is happening quickly. At least 21 states have taken actions within the last four months to limit the liability of health care providers, with nine states expressly including nursing homes. The industry is calling for similar protection in other states, and at the federal level, nursing homes are connecting with other trade groups to push for expansive, national immunity from lawsuits. Essentially, these states are protecting nursing homes from aggrieved residents and their loved ones who may have suffered harm, injuries or death due to their actions – or inactions – during COVID-19.