Approximately 45% of COVID-19 deaths were tied to Massachusetts nursing homes and long-term care facilities, according to data from the Massachusetts Department of Public Health. Massachusetts has the dubious honor of being among the national leaders in nursing-home deaths from COVID-19.

A wrongful death lawsuit has been filed in Kirkland, Washington over the death of a patient at the Life Care Center, the site of the first major nursing home outbreak in the United States. Families of loved ones in Massachusetts may be considering similar suits.

Standards for Proving COVID-19 Wrongful Death in Nursing Homes

To prevail in a wrongful death lawsuit against a Massachusetts nursing home or long-term-care facility, families will need to prove that the facility operated recklessly, negligently or in violation of state, Federal and company-specific care guidelines.

The legal questions come in two areas: First, did the management and staff of the nursing home take appropriate actions to prevent a potential outbreak? Did they limit contact between people, including patients, staff and visitors, and establish protocols to prevent potentially infected people from entering their facilities?

Second, if an outbreak began, what steps were taken to minimize coronavirus transmission? Were infected patients appropriately isolated? Were staff given appropriate personal protective equipment?  Were there clear policies for infection control, were those policies known by management and staff and were they followed?

One of the few things known about COVID-19 is that it tends to cause more serious illness in the elderly and in those with underlying health problems. This fact should have led to a very high standard of reaction and response from nursing home managers and staff.

In cases where a large number of nursing home patients caught COVID-19 and died, there may be evidence of insufficient policies or negligence on the part of staff or managers. Families may have grounds for wrongful death suits in COVID-19 nursing home deaths in Massachusetts. Future findings of negligence from state and Federal investigations of nursing home deaths may provide additional support for civil wrongful death suits.

There are also challenges in these cases. Pre-existing conditions and comorbidities, including heart disease and respiratory ailments, may make it more difficult for families to prove COVID-19 as the cause of death.

Another significant challenge is a continually shifting legal environment.  COVID-19 is new and there are currently no direct precedents for prosecuting wrongful death cases from this specific disease. Standards of evidence and factual bases for settlements and court decisions are likely to change frequently and significantly as more wrongful death cases are filed, mediated and tried in court.

We believe that families should pursue cases against nursing homes so that evidence can be gathered and so that standards of care can be fully understood. Sheff Law has extensive experience in Massachusetts wrongful death cases. We will provide a free evaluation of your case, and there is no fee for our services unless you receive a settlement or court award. If you have lost a loved one to COVID-19 in a nursing home or long-term care facility, please reach out to us at 1-888-423-4477 or contact us online.