There has been a push for providing amnesty to senior care providers for COVID-19 lawsuits, and it makes sense .

As you know, there has been a big push for states, or the federal government, to offer amnesty to senior care providers from lawsuits related to COVID-19 deaths, other than for cases of egregious neglect. Families and trial attorneys don’t want to hear anything of it. The reality is, suing hundreds of providers will accomplish very little other than lining the pockets of some lawyers and providing some financial comfort to family members. 

The reality is that it will not be easy to prove “neglect.” As horrible as some of the stories in skilled nursing facilities have been as COVID-19 has quickly spread, this has been an unprecedented pandemic that few expected or thought possible. 

Suing providers is very expensive for them and their liability carriers to defend. The result, much like in the early 2000s, will be higher premiums, fewer carriers providing coverage, and some providers forced to go without insurance. That can be a problem, because almost all lenders require liability insurance, and without it can put a borrower into technical default. This does not help anyone, even the family of the deceased parent.

Amnesty in more normal times does not make sense, but we are not in normal times, and long-term care facilities have been punished enough. Why make it worse? We shouldn’t.