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‘Urgent’ legal action needed to review COVID-19 in nursing homes
The devastating deaths of residents at the Newmarch House nursing home have prompted calls for an inquiry into the handling of all cases of COVID-19 in elderly patients.
Naomi Neilson
The outbreak of the coronavirus in the Newmarch House nursing home has since resulted in 60 cases and 16 deaths, at the time of writing. It began after an infected nurse worked six shifts last month, despite displaying mild symptoms of COVID-19.
The Australian Lawyers Alliance (ALA) has called for a “purposeful” inquiry into the house that works separately to the aged care royal commission, so that it will not “get lost”.
“The residents of Newmarch House and their families have legal rights and, as community we need to understand what went wrong in the management of the outbreak,” said ALA’s spokesperson, lawyer and aged care advocate Catherine Henry.
Ms Henry said holding an inquiry into the “disaster” will provide the opportunity for review of the situation and draw the federal government’s attention to the underlying issues.
“It seems that what we are seeing [unfolding] at Newmarch House is a failure to meet accepted standards with undertrained, inexperienced staff being forced to handle the outbreak and the facility neglecting to provide adequate resources for its residents,” Ms Henry said.
Premier Gladys Berejiklian conceded that “horrible mistakes were made” and the nursing home is an example of where things need to happen better.
Another cluster of the virus was found in nursing homes in Melbourne’s west. Slater and Gordon principal lawyer Neil Andrews said those who have been diagnosed may be able to claim an impairment lump sum if negligence from employers is found.
“A worker has a right to claim weekly payments for time off work, medical and any similar expenses if they contract an illness at work, whether there is fault by the employer or not. COVID hotspots could emerge in a range of different workplaces over the next months. Health and aged care workers will be particularly at risk,” Mr Andrews said.
“Employers need to adhere to their obligations to maintain a safe workplace. Employees should speak up and/or seek advice if they feel their safety is at risk.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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