Long-Term Care Providers Prepare to Fend off Lawsuits Tied to COVID-19 Pandemic

In an article published by Modern Healthcare on February 6, 2021, Partner Anna Idelevich is quoted discussing the COVID-related lawsuits being filed against long-term care providers, alleging neglect and wrongful death.

“This is really the beginning of the lawsuits,” she says.

Idelevich further explains that long-term care facilities do have some protections against COVID-related claims, as several states have passed civil immunity laws.

“They don’t completely get rid of the opportunity for a plaintiff to sue; they just make it a lot harder,” she explains. “We’re seeing creative lawyers try to get around all of these immunity statutes that are coming out from all of the states.”

Idelevich also provides tips for long-term care facility administrators to get ahead of potential lawsuits, including communicating with families and staff, documenting everything, investigating all complaints and disclosing any necessary information, and communicating with the media.

“I understand that a statement from the company is an admission later in trial or later in a case; I understand the effect of that,” she said. “You still have to balance the fact that a ‘no comment’ or silence is deadly. You’ve already lost the case. You’ve already poisoned the pool.”

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