Assisted living facilities and their affiliated hospitals and health systems are bracing for a wave of lawsuits associated with COVID-19. It remains to be seen how much immunity they can expect from laws implemented during the pandemic. Risk management for assisted living facilities should be more responsive, nimble, and organized than ever before.
Expanding the frequency and improving the quality of communication between radiologists and emergency physicians about imaging studies is always a good practice to facilitate patient care and mitigate mutual risk.
Risk managers are bracing for what some fear will be a wave of malpractice claims related to COVID-19 care. However, some attorneys say they will not take these cases, arguing the treatment standard is unclear, and substandard care claims cannot be substantiated.
Healthcare organizations facing potential liability related to COVID-19 may have some protection available on state and federal levels. State protections vary, but one example is New York, which recently passed legislation that provides healthcare providers and facilities with immunity against potential lawsuits related to COVID-19.
Nursing homes and affiliated health systems may face an onslaught of lawsuits alleging they failed to properly care for residents during the COVID-19 pandemic. Limited resources and the vulnerability of nursing home residents led to many deaths in nursing homes, and families will question whether those deaths could have been prevented.
Taking a malpractice case to trial is never something you look forward to, but settling the case is not always the best alternative. Knowing when to settle, and when not to, can be critical in minimizing your losses from a malpractice allegation, says Catherine J. Flynn, JD, an attorney with the law firm of Carroll McNulty and Kull in Basking Ridge, NJ.