Nursing homes face continued litigation as pandemic protections expire and regulations tighten.
Five years after COVID-19 first swept through nursing homes, legal risks for facilities remain. Early in the pandemic, nursing home operators faced intense scrutiny as the virus spread rapidly through their communities. Lawsuits were expected to surge, but many never materialized due to legal protections and challenges in proving fault. Over time, legal defenses and government support helped shield facilities from significant liability.
Legal experts point to the difficulty of proving causation as a key factor in limiting lawsuits. With rapidly changing guidance and a lack of clear protocols in the early days, many cases failed to move forward. In 2023, a federal jury ruled in favor of Life Care Centers of Kirkland, the first U.S. facility to experience a major outbreak, setting a precedent that discouraged similar lawsuits. Additionally, penalties imposed on facilities were often reduced or overturned, further dampening litigation efforts.
A major protective measure came in March 2020 when the Public Readiness and Emergency Preparedness (PREP) Act was enacted. This law shielded healthcare providers from lawsuits related to pandemic response efforts, except in cases of proven willful misconduct. Many states followed with their own liability protections, making it even harder for lawsuits to succeed. However, some facilities still faced legal challenges, with certain veterans’ homes opting to settle claims for millions of dollars.
Despite these protections, legal concerns are resurfacing as federal and state pandemic-era immunity provisions expire. With COVID-19 no longer an unforeseen crisis, expectations for infection control and patient care have increased. Nursing homes that fail to meet updated standards may find themselves facing renewed legal risks. Additionally, the federal government has intensified audits of COVID relief funds, with some providers being required to repay millions for misallocated funds.
The financial strain on nursing homes has not eased. Rising staffing costs and soaring insurance premiums have left many facilities struggling to stay afloat. Some insurance providers have reduced coverage options, making liability coverage more expensive and harder to obtain. Legal experts warn that without the protections offered during the height of the pandemic, facilities could see a new wave of lawsuits related to infection control and resident safety.
Regulators and courts now expect nursing homes to have improved their infection control policies and staffing levels. While facilities may have been granted some leniency during the early pandemic, that grace period is over. Any future outbreaks or lapses in care could lead to legal consequences, as juries may be less sympathetic now than they were when COVID-19 first emerged.
Industry observers note that while the number of lawsuits remains lower than originally expected, the potential for legal challenges remains. Nursing homes must continue to refine their protocols, ensure compliance with updated regulations, and be prepared for increased scrutiny. As the legal landscape shifts, providers must balance financial pressures with the need to maintain high standards of care to protect both residents and their organizations from future liability.
Sources:
Nursing home lawsuit risks persist five years after COVID’s start
The struggles of living with long Covid five years after the start of the pandemic
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