Defending Against COVID-19 Liability Claims

defending covid liability claims
Stay current with healthcare and senior care provider regulatory trends, news and solutions delivered right to your inbox. Sign up for our newsletter.

Get Solutions


Beyond the PREP Act and state-based protections, other defense tools are needed


Defending against COVID-19 liability claims is becoming more challenging. Trial lawyers seem to have convinced grieving families that nursing centers and their caregivers were somehow at fault for the spread of COVID-19. With liability insurers creatively inserting COVID-19 exclusions into renewal policies, there could be no greater vulnerability than facing litigation without a backstop.

Nursing centers need to fight these cases with a defense that features all that they did to protect residents and one another during these darkest hours. Read the whole story >>

The author notes “Liability is measured by applying performance against a “standard of care” that was in place at the time of the events in question for determination as to whether the injuries were “caused” by the alleged conduct.”  Excelas’ Covid-19 Comprehensive Integrated Timeline Tool does just that, supporting nursing centers in building a strong defense.


In-depth analysis on increasing cost and local impact

A recent report by AHCA/NCAL reviews the potential impact on nursing homes if cuts to Medicare and Medicaid are implemented.  The findings include the impact on access to care, risk of closures due to increased fixed costs, soaring labor costs and the disproportionate impact on minorities and residents with complex diagnoses.


The simple solution to the complex issue of organizing and presenting COVID-19 documentation

Excelas’ COVID-19 Comprehensive Integrated Timeline Tool features a database of relevant federal and state guidance since March 2020. It can be layered over an organization’s written policies and procedures creating a powerful tool to demonstrate compliance for any given date range. (click on the image to learn more)

Comprehensive Integrated Timeline Tool - Excelas LLC


Through May 31, 2022, Excelas, LLC has delivered customized solutions to our healthcare clients:

13,646   Records/Cases Reviewed
17,548,503   Pages reviewed
371  Nationwide Clients & Firms Supported

Team Metrics
4.71%   Average Voluntary Turnover 2012 – 2020
26%      Advanced Degrees
48%      Certifications


Excelas’ PREP Act Updates list summaries of relevant articles and selected court decisions, as well as additional recent court decisions, with hyperlinks for reference. The attached update is the most recent, including listings through June 2022.

Post Tags: