Nursing Home Negligence & The PREP Act

One case that could soon come before the US Supreme Court – Glenhaven Healthcare LLC v. Jackie Saldana – could have significant consequences for nursing home negligence cases. The case involves the 2005 Public Readiness and Emergency Preparedness (PREP) Act, a federal law which provides a certain amount of protection from liability for nursing home operators – with the exception of engaging in willful misconduct – in both state and federal courts. The Court would be interpreting the Act for the first time in a wrongful death claim brought against one nursing home accused of negligence, which is typically a state-law based claim.

Specifically, the case involves allegations that one nursing home failed to provide proper protective equipment to employees during the height of COVID, as well as isolate individuals suspected of having COVID, so as to protect patients and residents at the facility. The nursing home is requesting that the Court declare that, under the PREP Act, that federal, not state courts, have the exclusive authority to hear personal injury and wrongful death claims arising out of COVID-19.

The PREP Act

The PREP Act – which has not been litigated until now – provides cover (or immunity) for healthcare providers in instances where they took actions to avert a public health crisis. The law is silent as to whether it is triggered when, for example, a facility arguably engages in negligence (for example, in failing to provide protective equipment to staff).

Current Status of the Case in Georgia

These types of claims are occurring across the country, with none that the federal courts thus far deciding that the PREP Act superseded any of the state-based claims. In fact, one appeals court has already ruled that the case belongs in state court, where most negligence claims are decided. The Eleventh Circuit – which covers Georgia – is currently weighing this issue of whether the PREP Act completely preempts all willful misconduct cases, or whether they should be sent back to state courts.

If taken up by the Supreme Court, the case will set a strong precedent concerning whether nursing homes can hide behind the federal law and escape liability after failing to protect patients and residents. However, if the Supreme Court does not weigh in as to the scope of immunity in the federal law, it is likely that courts in all 50 states – including Georgia – will instead weigh in on their own interpretation of the Act.

Macon, Georgia Nursing Home Negligence & Wrongful Death Attorneys

If you or a loved one is concerned about negligence at a nursing home facility in Macon, Georgia, you want to ensure that you work with an attorney who can fight for justice. Contact our Macon nursing home negligence attorneys at the Law Offices of Buzzell, Welsh & Hill today to discuss your options and how you might proceed in obtaining justice.

Source:

supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22-192.html