The Centers for Disease Control and Prevention (CDC) previously announced that it was not a matter of if but when community spread of the coronavirus (COVID-19) will occur in the United States. US Nursing homes are legally bound to ensure their residents’ health and safety. We will hold Nursing Home Care facilities monetary liable when an infected employee causes their residents to become infected by infectious diseases such as COVID-19.
The first report of a coronavirus (COVID-19) outbreak at a nursing care facility was reported on March 1, 2020. The outbreak was reported in Washington State and is believed to be the first coronavirus outbreak at a nursing care or rehab facility. As of March 2, 2020, LifeCare Center of Kirkland reported that six coronavirus-related deaths have been linked to the facility, and another 50 people at the facility are in the process of being tested for COVID-19.
If you or a loved one was infected by the coronavirus (COVID-19) in a nursing home or extended rehabilitation facility, you may be eligible for financial compensation. Call 1-800-718-4658 today for a free, confidential consultation. We are contingency lawyers, meaning we never collect a fee for our services unless we obtain a recovery for you.
Are Nursing Facilities Liable For Patient’s Contracting Coronavirus?
Any operating business such as a Nursing Home has the responsibility to make certain that its employees do not infect patients and residents. It is imperative that there is a system in place where workers are trained not to expose patients or passengers with virus symptoms.
There are also specific Nursing Home rules called infection control program protocols that the federal government requires. Such protocols are “designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of disease and infection.” Often times, when an infection infraction occurs the nursing home does not so state in the required infection report logs what measures are being taken to prevent future infections or subsequent exposures. This is reckless and sadly and has caused COVID-19 to be transmitted to countless patients.
This infection control program must:
• Investigate, prevent and control infections in the nursing home.
• Decide what procedures, such as isolation, should be applied to individual residents.
• Maintain a record of corrective actions and incidents related to infections.
The infection control program must also prevent the spread of infection by:
• Prohibiting employees with communicable diseases or infected skin lesions from direct contact with residents or their food if direct contact will lead to disease transmission.
• Requiring staff to wash their hands after every direct contact with residents when accepted professional practice dictates.
• Isolating a resident when it is determined a resident requires isolation to prevent the spread of infection.
The infection control program must also include personnel handling, processing, storing and transporting linens so as to prevent infection spread.
Nursing homes can be held liable for coronavirus infections and other types of infections when they result from a failure to adhere to the above requirements. Unfortunately, we have seen over the years that nursing homes often suffer from problems which prevent them from properly following the above requirements:
• Not all nursing home staff are adequately trained on proper procedures for preventing infection.
• Nursing homes are often understaffed and their staffs are often overworked, leading to corners being cut.
• Some sections of the infection control program requirements are enforced and some sections are not.
It is negligence for which we will hold the nursing homes liable when infections occur due to an employee. Nursing homes can be held liable for medical bills, the costs of added care, pain and even death resulting from this negligence.
Damages We Can Recover
We will seek and obtain physical and emotional pain and suffering, medical, and, if appropriate, wrongful death damages.
If you or a loved one have been diagnosed with coronavirus (COVID-19) while being cared for in a nursing care facility, immediately contact Nadrich & Cohen for a free, confidential case evaluation. Call us now at 1-800-718-4658.
California Lawyers Handling Coronavirus Cases
The nursing home neglect lawyers of Nadrich & Cohen have specialized in nursing home abuse and nursing home neglect cases since 1990. Our decades of experience ensure that your nursing home abuse case will be expertly handled by our team of attorneys.
We are contingency fee attorneys. This means there is never any upfront cost to you and you will never owe us a single penny out of your own pocket. We only charge a fee if we obtain a recovery for you.
Free Consultation Available Now
Call us today at 1-800-718-4658 for a free consultation, if you or a loved one was diagnosed with cornonavirus (COVID-19) while being cared for in a nursing home, nursing care or rehabilitation facility. You can also use the live chat feature or complete the “Do I Have A Claim?” form on this page to request a free, confidential consultation.