Nursing home residents are known to be among the most vulnerable to serious and fatal harm caused by care providers; there is an especially high duty of care for their caregivers to keep them safe during the Coronavirus Emergency.
By March 2020, the Coronavirus Pandemic effectively shut down the states of Indiana and Illinois, as well as most of the country. For two weeks or more, movement is limited for everyone in both Illinois and Indiana.
Of course, these emergency prohibitions are deemed necessary to protect the public from exposure to the Coronavirus. Ironically, those living in nursing care facilities in both states may now face an increased risk of serious or fatal harm as a result.
Illinois: Stay Home Order through April 7, 2020
On March 20, 2020, Illinois Governor JB Pritzker issued an Executive Order ordering “[a]ll individuals must stay at home, with exceptions for essential activities, essential government functions, and essential businesses and operations. All non-essential business and operations must cease, aside from Minimum Basic Operations. Business can continue with employees working from home. Local government units across the state must halt all evictions, and gatherings of more than 10 people are prohibited.”
Indiana: Stay at Home Order through April 6, 2020
Three days later, Indiana Governor Eric J. Holcomb issued a similar “Stay at Home” Order directing all Hoosiers to stay in their homes except when they are at work or for permitted activities, such as taking care of others, obtaining necessary supplies, and for health and safety. Read his March 23, 2020 Executive Order here.
Of particular concern: visitation by family members and friends to much-loved nursing home residents is prohibited in both states during the “Stay at Home” period.
1. Potential Rise in Nursing Home Abuse and Neglect in Illinois and Indiana
It is an unfortunate reality that Illinois and Indiana each have the tragic reputation of having some of the worst records of nursing home abuse and neglect in the entire country. For details, read: “Illinois and Indiana: High Risk of Nursing Home Injuries from Abuse or Neglect.”
Illinois was ranked first (1st) in the United States for nursing home abuse and neglect by the Office of the Inspector General for the Department of Health and Human Services. Indiana correspondingly ranked eleventh (11th).
One of the primary ways to protect nursing home residents from improper care and treatment in a nursing care facility is to have vigilant family members and friends routinely visiting their loved ones. Unannounced visits often reveal failures to provide proper care and comfort by the nursing home staff. Unexpected visits may result in discoveries of abuse, as well.
Prohibiting visitation to nursing homes literally blocks much-needed oversight of these facilities where the most vulnerable of our community must rely upon their caregivers to meet their duties of care.
Barring visitation is essentially an invitation to neglect and abuse of nursing home residents by unscrupulous, uncaring staff and/or supervisors.
According to the National Council on Aging (NCOA), a shocking 1 in 10 Americans aged 60+ have been the victims of elder abuse while only 7% ( 1 in 14) cases of elder abuse are reported to authorities. For details, read “Nursing Home Abuse in Indiana and Illinois: Abuse, Neglect, Exploitation of the Elderly.”
- See also: “Long before coronavirus, Indiana’s nursing homes had staffing, infection control issues,” written by Emily Hopkins and Tim Evans and published by the Indianapolis Star on March 17, 2020.
- Also read: “2019 Senate Report List Reveals Worst Nursing Homes in Indiana and Illinois.”
An indirect result of the Coronavirus Pandemic will be an increase in abuse and neglect victims in our state nursing homes.
2. Coronavirus Spread in Nursing Homes of Indiana and Illinois
The American Health Care Association, among other health professionals, warns that nursing homes are particularly vulnerable to the spread of the coronavirus. Elders, as well as those who suffer from health issues common to those over the age of 65 years (e.g., cardiovascular disease, chronic respiratory disease, hypertension, etc.), are particularly likely to become ill from COVID-19 upon exposure.
Therefore, officials are advising nursing home administrators to “
Meanwhile, it is established that nursing homes are proving to be one of the main sources of the outbreak of COVID-19. Consider the following:
- The largest coronavirus outbreak so far in the State of Vermont is reported to be at the Burlington Health & Rehabilitation Center in Burlington, Vermont.
- Chateau Nursing & Rehabilitation Center in Willowbrook, Illinois, has reported 46 cases of coronavirus; currently, management is denying allegations of failing to provide adequately against exposure from COVID-19; read, “Manager at Willowbrook nursing home with 46 coronavirus cases — including DuPage County’s first death — denies claim of supply, staffing shortages,”written by John Keilman, Robert McCoppin and Joe Mahr and published by the Chicago Tribune on March 24, 2020.
- One of the largest coronavirus outbreaks in the nation is said to be at the Life Care Center of Kirkland, Washington, where over 37 deaths have been attributed to COVID-19.
Already, a report issued by the Centers for Medicare and Medicaid Services on the Life Care Center of Kirkland has confirmed a failure to care for residents there, which put them in “imminent danger” of contracting the potentially fatal COVID-19. Read the report here.
Neglect by nursing home staff or facility administration may be the cause of an unknown number of coronavirus infections among nursing home residents in Indiana and Illinois. The fact nursing home residents are more susceptible to becoming seriously or fatally ill from the coronavirus increases the existing duty of care to protect them from exposure.
Justice for Nursing Home Victims of Coronavirus-Related Harm
The Coronavirus Epidemic creates an increased risk of serious or fatal harm for those who reside in our nation’s nursing homes and nursing care facilities. It is a two-fold danger.
1. Risk of Coronavirus Infection
First, the elderly nursing home resident is known to face a higher risk of infection, as well as a higher fatality rate from the Coronavirus.
2. Risk of Abuse or Neglect During Coronavirus Emergency
Second, for nursing home residents in Illinois and Indiana, there is the related risk of abuse or neglect during this crisis from providers in an industry already infamous for failing to meet its duty of care standards. Even residents that are not exposed or do not become ill with COVID-19 may suffer serious or fatal injury from abuse or neglect suffered during this emergency.
Nursing Home Duty of Care in Indiana and Illinois
The state laws of Illinois and Indiana establish duties of care for nursing homes and care facilities. Administration and management not only are required to have standard plans for limiting infection in the facility, but they should have special plans already in place in the event of a disaster or emergency, such as the Coronavirus Pandemic.
The failure to meet their duties of care to protect residents from harm may result in legal liability for harm that results to the resident (and perhaps their loved ones, as well).
Inadequate staffing; failure to have proper supplies and equipment; and not providing prompt and proper medical care and treatment to any resident, but particularly a Coronavirus victim, are just some examples of breaches of the duty of care that form the basis of a legal claim for justice under negligence and/or premises liability law.
For more, read:
- Nursing Home Lawsuits in Indiana and Illinois: Who Can Be Sued, and Why, for Elder Abuse or Neglect
- Seeking Justice for Victims of Nursing Home Injuries in Indiana and Illinois.
During these unparalleled times, it is vital that we work together to limit the exposure as well as the harm that can result from the Coronavirus. Special attention needs to be given to the most vulnerable in our communities, those who reside in our local nursing homes and care facilities. It is horrific to think that during this COVID-19 emergency, nursing home residents are facing the highest risk of harm. Please be careful out there!
