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COVID-19: Nursing Home and Healthcare Defense

COVID-19 is expected to cause a new wave of claims and lawsuits against those providing front line care, including physicians, hospitals, nursing homes, assisted living facilities, and home health care agencies.  Conroy Simberg’s litigation team has the experience and resources to defend against these claims. 

Even though no health care provider could have specifically imagined or anticipated COVID-19, there will still be lawsuits alleging negligence in handling the response to the virus.  For example, Plaintiffs’ lawyers will argue that providers and facilities should have had emergency procedures in place to address any contagious disease, including COVID-19.  They will make the case that people died from COVID-19 because health care providers failed to isolate infected patients, did not test care providers, failed to clean and disinfect surfaces and equipment, and otherwise negligently failed to prevent patients from contracting the virus.  There will also be claims alleging that providers used the pandemic as an excuse to avoid providing continuity of care, thereby failing to diagnose diseases like cancer, or allowing known medical conditions to worsen. 

The litigation team at Conroy Simberg is prepared to defend health care providers when COVID-19 claims are inevitably brought.  The firm has a long history of successfully defending medical malpractice claims, as well as claims against long term care providers.  Many of the usual defenses to traditional claims will be available to health care providers facing COVID-19 claims, such as causation.  In addition, the federal government and many state governments have afforded health care providers some degree of liability immunity for those responding to the COVID-19 public health emergency.  Conroy Simberg’s team of litigators stands ready to use all available tools to protect and defend our front line health care providers when they are subject to COVID-19 claims and lawsuits. 

For further information about federal liability immunity for health care providers, click HERE. 

For detailed information about the current status of liability immunity for health care providers in each state, click HERE. 

For guidance on minimizing liability exposure from COVID-19 claims, click HERE.