Legally Reviewed by Mark GrayThe coronavirus pandemic presented an unprecedented situation for healthcare professionals and facilities to cope with. However, certain trends emerged during that period that suggested some nursing home and rehabilitation facilities were less prepared and responded less effectively than others. While some facilities promptly took action and communicated the situation to local authorities, other facilities were reported to be less transparent, and some recorded double-digit deaths as a result.
For example, in Elizabeth, New Jersey, one nursing home reported about two-dozen deaths since the onset of the pandemic. The mayor of the city asked the state attorney general to investigate that facility and others that recorded a staggering number of cases and deaths related to the coronavirus. The mayor was quoted by one news outlet as saying, “It’s terrible. They’re not answering calls. They’re not answerable to anyone […] When the owners choose to ignore the process, then someone must hold them accountable.”[1] State officials later confirmed they were investigating the handling of the crisis at several New Jersey facilities.
Other nursing home and rehabilitation facilities across New York and New Jersey also reported significant coronavirus cases and deaths during that period. According to published reporting, some facilities recorded dozens of coronavirus-related deaths among residents. By contrast, at a facility in Woodbridge, New Jersey, after eleven residents tested positive for the coronavirus, the entire facility was closed and all patients were presumed positive and transferred to facilities better equipped to treat them; in that case, only one death from coronavirus was reported.
What Families Can Do
Nursing home and rehabilitation center managers and owners owe it to their residents to communicate transparently and promptly with government officials regarding conditions within their facilities. Family members of those who died or were hospitalized as a result of coronavirus, or any other outbreak, in these facilities can request records, ask direct questions of facility management, and consult with an attorney if they believe the facility’s response fell short of what residents were owed.
If you believe a loved one was harmed by a nursing home’s failure to take appropriate precautions or communicate honestly about conditions in the facility, our attorneys can help you understand your options. Contact Gray Injury Law for a free consultation.
[1] NJ.com, “Mayor Seeks State Investigation,” April 8, 2020.
Frequently Asked Questions About Nursing Home Accountability
Can a nursing home be held liable for how it handled an infectious disease outbreak?
Potentially, depending on the facts. Facilities have duties around resident safety, communication, and following applicable health guidance, and a failure to meet those duties can be relevant to a negligence claim.
What records can families request from a nursing home?
Families generally have a right to request their loved one’s medical and care records. An attorney can help you understand what additional facility-wide records may be obtainable through the legal process.
What should I do if I suspect a facility was not transparent about conditions?
Document your communications with the facility, request records in writing, and speak with an attorney who can help evaluate whether the facility met its obligations to residents and families.
Is there a time limit to bring a claim against a nursing home?
Yes, claims against nursing homes are subject to applicable statutes of limitations, which can vary depending on the type of claim and jurisdiction. Consult an attorney promptly to understand your specific deadline.
Do state health departments investigate nursing home complaints?
State health departments can investigate facilities in response to complaints or reported patterns of concern, though this regulatory process is separate from a civil claim a family may pursue.