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Our attorneys and staff continue to work through COVID-19 and remain available 24/7, ready to fight for you. Our video conferencing, case management, and telecommunications systems allow us to stay in constant contact with our clients and pursue their claims without interruption – all without our clients leaving the comfort of their homes. You focus on staying healthy and safe, we’re here to handle the rest.

Coronavirus (COVID-19) Nursing Home Exposure

Were you or a loved one exposed to Coronavirus (COVID-19) in a nursing home? Call our experienced injury attorneys to have your questions answered – we are available 24/7, nights and weekends.

Coronavirus Disease 2019 (COVID-19) has left the nation scrambling as experts attempt to determine the best way to contain the disease and protect vulnerable populations. Among the most vulnerable are the elderly, and for some, attempts at containment, quarantine, and protection may have come too late. If you or a loved one was exposed to coronavirus (COVID-19) at a nursing home, contact our attorneys now for a free consultation.

Can I Sue a Nursing Home for Coronavirus (COVID-19) Infection and Injuries?

As the disease reached U.S. soil, nursing homes became hot spots for the virus’s spread. For nursing home residents, infections like coronavirus (COVID-19) can be particularly lethal. As such, nursing homes and assisted living facilities are required by federal law to monitor residents for the presence of infections in order to minimize the occurrence of infection and control outbreaks.

If a nursing home failed to implement appropriate protocols to identify and limit the spread of coronavirus (COVID-19) in their facility, they may be open to legal action.

What Measures do Nursing Homes Typically Take to Prevent Infections and Outbreaks?

When an infection control protocol is implemented at a nursing home or long-term care facility, workers across all programs, services, and setting collaborate with the goal of:

  • Minimizing the risk of infection in individual residents
  • Reduce the risk of transmission among and between residents and healthcare workers
  • Reduce the risk of injections developing in residents related to the use of medical devices and procedures required as part of their care

To accomplish this, the facility will rely on surveillance, ongoing analysis of surveillance data, appropriate infection prevention procedures, and monitoring the adherence to these procedures by all department and individuals working with the facility.

As part of infection control protocol a nursing home may:

  • Implement stricter sanitation requirements: Frequent cleaning and disinfecting of surfaces and objects is a must when it comes to controlling the spread of a virus like coronavirus (COVID-19). Failure to take reasonable measures to disinfect all tables, chairs, beds, and surfaces could constitute nursing home neglect.
  • Change equipment requirements: The U.S. Centers for Disease Control and Prevention (CDC) has recommended that all healthcare workers in nursing homes and assisted living facilities wear masks to prevent the spread of ccoronavirus (COVID-19). If a nursing home has failed to provide masks to all aides, nurses, and healthcare workers, then negligence may have occurred.
  • Isolate potentially infected residents: Isolation and quarantine are among the best ways to stop the spread of coronavirus (COVID-19). If a resident showed symptoms of coronavirus (COVID-19) and was not isolated from other at-risk residents, then negligence may have occurred.

Unfortunately, attempts to respond to an outbreak can be hampered and hindered by lack of appropriate training and limited resources. What matters when is comes to negligence in a nursing home is whether the facility and its staff took reasonable measures to respond to and control the outbreak.

What Damages Would a Nursing Home Be Responsible for in a Coronavirus (COVID-19) Lawsuit?

Damages claimed in a coronavirus lawsuit against a nursing home could include:

  • Medical expenses – Damages almost always include the cost of medical care associated with an accident or injury. Damages can include reimbursement for treatment you have already received as well as compensation for the estimated cost of medical care you will need in the future as a result of Coronavirus (COVID-19) infection.
  • Pain and suffering – If your Coronavirus (COVID-19) infection resulted in pain or serious discomfort, you may be entitled to pain and suffering damages. This can include pain experienced while ill, pain experienced during treatment and recovery, and any ongoing pain that can be attributed long-term damage associated with the infection.
  • Loss of enjoyment – These damages attempt to quantify loss of enjoyment in day-to-day pursuits like hobbies, exercise, and other recreational activities.
  • Emotional distress – Not all injuries are physical. If your Coronavirus (COVID-19) infection or the possibility of infection had a psychological impact and has resulted in things like anxiety, depression, or sleep loss, you may be entitled to emotional distress damages.
  • Loss of consortium – Typically applied to wrongful death lawsuits, loss of consortium damages can also be sought when a severe injury has resulted in a loss of companionship or an inability to maintain a sexual relationship with a spouse. Children may also sue for loss of consortium if the injuries have significantly hampered the victim’s ability to provide care, nurturing, or comfort.
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866-517-5659 • info@tjhlaw.com

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