Are Nursing Homes Responsible for Wrongful Deaths During The Pandemic?

BIKLaw Medical Malpractice Lawyer > Medical Malpractice > Are Nursing Homes Responsible for Wrongful Deaths During The Pandemic?

Many families depend on nursing homes to provide care for their elderly and disabled loved ones. During the current pandemic, there is stressed importance on the quality of care that facilities provide to nursing home residents. These residents are at higher risk of contracting the disease because of underlying medical problems and because of their age.

If nursing homes provide inadequate care and allow health standards to drop below what is considered appropriate, they are breaking the law while jeopardizing the lives of their residents. If this occurs, it could result in a wrongful death claim against the nursing home, and it would be wise to inquire about your rights and remedies with a medical malpractice attorney.

COVID-19 has spread through many healthcare facilities and nursing homes, so additional protocols to protect residents have been put into place. There are currently approximately 15,600 nursing homes across the country, and as the death tolls have climbed from Covid-19, nursing homes have asked states for immunity from lawsuits stemming from patients acquiring the virus. Six states have granted explicit immunity to nursing homes from Coronavirus lawsuits, while six more have granted some limited immunity to healthcare providers.

Nursing Homes Have A Responsibility To Residents

It is not unheard of for nursing homes to be guilty of elder abuse and neglect and to take advantage of vulnerable residents who cannot speak up for themselves. Physical, emotional, and verbal abuse remains prevalent in long-term care facilities. There are often nursing home complaints because of negligence contributing to the abuse of the patient.

But can this abuse and neglect contribute to a higher risk of COVID-19 infection, and ultimately, death?

Sometimes nursing homes put residents at risk by not upholding their own safety and health standards. When staff interacts with the residents, they must practice proper personal hygiene before and after caring for each resident, and they should wear the proper protective gear to help reduce the spread of the infection.

If a nursing home has allowed Coronavirus to spread within their facility and injure patients or residents, they may not be taking proper precautions and ensuring everyone is following safety procedures and protocol. They have an obligation to protect your loved one’s health and ensure that proper precautions are always taken to reduce the risk of infection.

Pursuing A Nursing Home Abuse Claim

If your loved one has died because of a COVID-19 infection acquired while in a nursing home facility, you should speak with a medical malpractice attorney. An attorney will be able to determine if your loved one’s death was caused by nursing home negligence and if you should pursue a wrongful death claim against the nursing home. Contact the Trial Law Offices of Bradley I. Kramer, M.D., Esq., where the medical malpractice lawyers are also medical doctors for a free initial consultation today. 

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