Should you be able to sue a nursing home facility if your loved one dies of COVID-19 as a result of that facility’s negligence?

As of the end of May, more than 28,000 people have died of COVID-19 while in, or working at, long-term care facilities. That’s almost a third of the nation’s total loss.

Do you think you should be able to sue a nursing home if your loved one died of COVID-19 while in their care?

Should you be able to sue a nursing home facility if your loved one dies of COVID-19 as a result of 
that facility’s negligence?

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The nursing home industry is doing everything in their power to ensure this answer is NO.

In a rare glimpse behind the scenes, we’re learning that the nursing home lobbying powerhouse is quietly attempting to obtain nationwide protection from the federal government in the upcoming Coronavirus relief bill. It’s widely known that Congressional bills are muddied with strange and sometimes unrelated demands in order to get them to pass on both sides of the political spectrum. Democrats want this; Republicans want that. So they give and take, until something like a Coronavirus relief bill, aimed to help unemployed Americans and small businesses get through these unprecedented times, now has a stipulation protecting the nursing home industry from legal action.

Twenty states have already taken action to protect nursing homes, but so far, that’s just at the state level. This safeguard came after the industry spent tens of millions of dollars in lobbying. According to an article published by Politico: "In early April, nursing home giant Life Care Centers of America—the multi-state chain whose facility in Kirkland, Washington, was the nation’s first epicenter of coronavirus—hired a team of four former aides to ex-Sen. Bob Corker (R-Tenn.), who was close with Senate leadership, to lobby on Covid-19 issues.”

 "As a result of this pandemic, many people, especially those from vulnerable populations in nursing homes and assisted living facilities, have lost their lives,” said Maher Law Firm shareholder Geoff Moore. "Unfortunately, while many Americans have turned their attention to these immediate and absolutely pressing issues, some politicians are using this period of distraction as an opportunity to strip Americans of their civil liberties, including their Seventh Amendment right to hold corporations accountable when their wrongdoing causes serious injury or death to their fellow man. It's imperative that we continue holding corporations to the same standards as our fellow Americans, and not allow corporations to take advantage of a tragedy by stripping Americans of their civil liberties and equal access to the court system.”

To read the full Politico article, please clink here:

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