Lessons We Learned from COVID-19: Nursing Home Negligence and Accountability
October 29, 2025
When the COVID-19 pandemic struck, nursing homes across New York became the epicenter of unimaginable loss. Families were separated, residents were isolated, and too many lives were cut short — not only because of the virus, but because of systemic neglect and preventable failures.
Now, years later, as investigations and lawsuits continue, one thing is clear: COVID-19 exposed deep flaws in how many nursing homes were managed, staffed, and held accountable.
Here’s what the pandemic taught us — and how families can still seek justice.
1. Pandemic Preparedness Failures
Before COVID-19, most nursing homes were required under federal regulations (42 C.F.R. § 483.73) to maintain emergency preparedness plans. These plans were supposed to cover infection outbreaks, natural disasters, and staffing emergencies.
Yet, when the pandemic began, many facilities were unprepared.
- Emergency stockpiles of masks and gowns were missing.
- Contingency plans for isolation, testing, and communication failed.
- Families were left in the dark about outbreaks inside facilities.
These failures weren’t inevitable — they were the result of poor planning and inadequate oversight. Under New York Public Health Law § 2801-d, residents have the right to care that protects their health and safety. When that duty is violated, facilities can be held liable for negligence.
2. Infection Control Breakdowns
COVID-19 spread quickly in long-term care settings because of inconsistent infection control practices.
According to multiple state investigations, many facilities:
- Did not isolate infected residents in time
- Failed to screen or test staff regularly
- Lacked proper personal protective equipment (PPE)
- Reused medical supplies against CDC guidelines
Federal law requires all nursing homes to follow infection prevention protocols (42 C.F.R. § 483.80).
Failure to meet those standards can constitute negligence per se, meaning the facility violated a safety law designed to protect residents.
When nursing homes failed to control infection, families weren’t just grieving — they were asking, “Could this have been prevented?” In many cases, the answer was yes.
3. Staff Shortages and Negligent Care
COVID-19 also revealed the dangerous consequences of chronic understaffing in nursing homes.
During the crisis, many facilities operated with bare-minimum staff, forcing overworked nurses and aides to care for dozens of residents at once.
In some cases, residents went without food, hygiene assistance, or medical monitoring for hours or days.
Under New York Code of Rules and Regulations (10 NYCRR § 415.13), nursing homes must maintain sufficient staffing to meet residents’ needs at all times.
Failure to do so — especially when harm results — is a breach of duty that may give rise to a negligence or wrongful death claim.
4. Wrongful Death and Accountability
Families who lost loved ones during the pandemic have the right to pursue justice through wrongful death and negligence claims.
Although early in the pandemic New York granted limited liability protections to nursing homes, those shields have since been rolled back.
Today, families may bring claims alleging:
- Failure to follow infection control standards
- Neglect or lack of supervision
- Inadequate medical staffing or emergency planning
- Failure to provide proper medical treatment or monitoring
Each case is unique — and proving negligence requires careful review of facility records, staffing logs, and compliance reports. A knowledgeable nursing home negligence attorney can help families navigate these complex legal issues and hold facilities accountable.
What We Learned — and What Must Change
The pandemic taught us painful but necessary lessons:
- Transparency and preparedness save lives.
- Infection control is not optional — it’s a legal duty.
- Residents deserve dignity, safety, and accountability, even in crisis.
COVID-19 changed how we look at nursing home safety. It’s a reminder that protecting our seniors isn’t just about policy — it’s about enforcing the laws that already exist.
We’re Here to Help
If your loved one suffered neglect, abuse, or wrongful death in a nursing home — during the pandemic or after — you don’t have to face it alone.
Our firm works with trusted medical experts, elder care specialists, and experienced attorneys to review what happened, explain your legal rights, and help you seek justice.
Contact us today for a free consultation.
We’ll listen to your story, guide you through your options, and connect you with the right professionals for medical and legal support.
Because every family deserves answers — and every life lost to negligence deserves accountability.