BIKLaw Medical Malpractice Lawyer > Elder Abuse > How Covid-19 Can Lead To Wrongful Death

Covid-19 is the technical name for the global pandemic that we are all facing right now. If you believe that your loved one acquired Covid-19 and died because of a healthcare provider’s negligence and carelessness, you may be able to pursue a wrongful death claim.

During the pandemic, the most vulnerable population has been the elderly, nursing home residents, individuals with underlying medical problems, and essential workers.  Certain essential workers who have had to work throughout the pandemic have become infected with the virus. Most of these workers, with those working the frontline, were aware of their heightened risk.

However, some essential workers were exposed to the virus because of the negligence of their employer.  If, for example, your employer did not take reasonable efforts to protect his or her employees, such as adhering to appropriate CDC guidelines and/or implementing specific protocols, and you or someone you love died as a result of those failures, you may have a basis for pursuing a wrongful death claim.

Specific Acts of Negligence Performed By Employers

There are many specific acts of negligence that an employer could commit, which could lead to them being held liable for wrongful death.

  • Failure to provide sufficient warnings about the heightened risk of infection
  • Failing to provide workers with personal protective equipment (PPE)
  • Failure to implement protective measures in the workplace, such as social distancing and mask requirements
  • Failure to implement daily wellness screenings such as temperature checks
  • Failure to enforce a policy of staying at home if the individual shows any symptoms
  • Lack of regular use of disinfectants and/or failure to clean work areas
  • Not providing employees with additional preventive measures, such as hand sanitizer.
  • Failure to promptly notify employees about coworkers who tested positive for Covid-19

Nursing Home Situations

Because of the patient population’s heightened vulnerability in nursing homes, operators of these facilities, and other assisted living facilities owe a duty of care to their residents. There are a few steps that those facilities must take to ensure resident safety. Some of those reasonable expectations include:

  • Isolating infected residents
  • Continually screening visitors and staff
  • Closing access to common areas
  • Following the best practices for disinfecting
  • Training, implementing and enforcing the best hand hygiene practices
  • Using alcohol-based hand sanitizer and wearing PPE when providing resident care
  • Following containment protocols
  • Enforcing policies for caregivers and ensuring they stay home or go home if not well

Filing A Wrongful Death Claim

If your loved one died because of Covid-19 which was the result of the negligence of a health care facility, you might be able to pursue a wrongful death claim. A spouse, the surviving child, surviving parent or guardian, or personal representative of the estate may be entitled to pursue a claim.

If you believe your loved one died of Covid-19 because of someone else’s negligence in Los Angeles, call us to speak with a wrongful death lawyer who can help you with your claim. Contact the Trial Law Offices of Bradley I. Kramer, M.D., Esq., for a free case evaluation.

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