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Litigation Against Nursing Homes and Assisted Living Facilities following the COVID-19 Pandemic: Three Things to Do Now to Prepare


Presented By: DRI's Medical Liability and Health Care Law Committee

As some states reopen, while others remain on lock-down, senior living providers are beginning a new phase of this pandemic - widespread litigation. The media continues to focus senior living communities implying a connection between loss of life and quality of care. Many in the media are ignoring the disparate impact the virus has on those with chronic medical conditions, the limitations created by the lack of widespread testing, and how the early federal response limited the options available to senior livings operators to change outcomes. 

This session will focus on the 3 most important things providers and their counsel need to do over the next 90 days to prepare for the next wave of litigation. We will cover the practical impact of state and federal immunity provisions and the need for a uniform response. We will review the current legal environment including the new lawsuits filed against senior living providers. Finally, we will discuss documentation and the need to document the pandemic experience now. 

Who Should Attend: 

  • Senior housing attorneys (specifically those who defend nursing homes and senior living providers)
  • Insurance claims, underwriting and actuaries 
  • Risk managers
  • Executive Directors, administrators and clinical leadership
  • Investors

What Will You Learn?:

  • What states have provisions that address immunity for nursing homes and senior living providers
  • The applicability of the PREP Act to nursing homes and senior living providers
  •     The limitations on the current liability protections for nursing homes and senior living providers   
  • The types of lawsuits currently pending and those we expect to see against nursing homes and senior living providers
  • Strategies for improving the defensibility of future litigation including documentation strategies that providers must do now
     

Drew Graham, Hall Booth Smith PC
Jennifer L. Strange, Eskenazi Health

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