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Gross Negligence?

Published on June 30th, 2020

Imagine this scenario.  You have a loved one in a nursing home. The nursing home tells you that your loved one has tested positive for coronavirus. The nursing home decides to quarantine your loved one with other infected residents. But then you find out that your loved one did not actually have coronavirus until after they were quarantined with the infected residents. Imagine that your loved one passes away because of COVID-19.  Now imagine that the nursing home has legal immunity and you cannot be compensated for your loss.  Fair
In California, the scenario is currently playing out with dozens of nursing home residents.  The county’s public health lab mistakenly told a nursing home this month that 10 residents had tested positive for COVID-19, which resulted in non-infected residents being placed in quarantine isolation. A retesting determined that only one resident was infected — and that resident may have contracted the virus while in quarantine, county Health Care Agency Director Clayton Chau said.
The residents were originally tested on May 18 and while the lab results were accurate, results were miscommunicated by the nursing home, County Executive Officer Frank Kim said. The nursing home discovered the error when it compared written lab results with what it had been previously told by the county.
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