The COVID-19 pandemic has swept across the nation’s nursing homes, causing over a million infections and 150,000 fatalities in elderly nursing home residents, according to a COVID-19 lawyer. Many of these deaths could have been prevented with proper infection control protocols. If you believe your loved one passed away from COVID 19 due to the nursing’ home’s failure to mitigate the spread of infection, a COVID-19 lawyer can help seek justice for your loved one and compensation for your losses.
Infection Control Regulations for Nursing Homes
While not all infections can be prevented, a nursing home is required to take steps to mitigate the risks of an outbreak of infectious disease. The State Operations Manual Section §483.80(a),(e),(f) sites that:
“Healthcare-associated infections (HAIs) can cause significant pain and discomfort for residents in nursing homes and can have significant adverse consequences. The facility must establish and maintain an IPCP designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections. This program must include, at a minimum, a system for preventing, identifying, reporting, investigating, and controlling infections and communicable diseases for all residents, staff, and visitors. The IPCP must follow national standards and guidelines.”
Unfortunately, all too often nursing facilities fail to implement these standards. Review of federal inspection data shows that approximately 75% of nursing homes have received citations for infection control deficiencies in the last three years. These deficiencies are a warning signal for facility shortcomings that can impact their ability to prevent and control an infection. A COVID-19 lawyer will hold nursing homes responsible with residents suffer due to the facility’s lack of infection prevention and control measures.
Can I hold the Nursing Home Liable for my Loved One’s COVID-19 Death?
As such, a COVID-19 lawyer may be able to file a claim if the nursing home failed to put protocols into place and your loved one died of COVID-19. Potential grounds for filing a COVID-19 lawsuit include:
- Nursing home failed to follow the Centers for Disease Control (CDC) guidance or Pennsylvania Health Alert Network (PAHAN) advisories, health alerts, and updates.
- The nursing home failed to adhere to federal or state regulations.
- The nursing facility failed to use PPE appropriately or sanitize surfaces
- The nursing home failed to train staff in infection prevention and control measures
- The nursing home was understaffed, or lacked qualified staff, to handle an outbreak
- The nursing home failed to quarantine or isolate residents and others got sick as a results
To win a COVID-19 lawsuit, you must prove that your loved one was infected and suffered great injury or later passed away from a result of the nursing home’s actions or inactions. A COVID-19 lawyer can help investigate the circumstances surrounding your loved one’s infection and determine if you can file a claim.
Understaffing and COVID-19
Nursing home understaffing occurs for a variety of reasons. Sometimes, a nursing home intentionally staffs with minimum rations to enhance their bottom line. In other times, a facility may be struggling with hiring or with absenteeism due to COVID-19 illnesses. In any case, the facility has a duty to provide staffing levels to meet resident acuity and care needs. The CDC has found association between overall nursing home quality and the rate of COVID-19 deaths. Quality issues such as understaffing affect quality and may equate to negligence, according to a COVID-19 lawyer from our firm.
Contact a COVID-19 Lawyer at the Wieand Law Firm, LLC Today!
The COVID-19 Lawyers at the Wieand Law Firm will represent residents and their families when nursing home infection control negligence results in personal injury or death from a COVID-19 infection. Our attorneys are experienced litigators who are tough on nursing homes and their insurance companies, but compassionate and caring with their clients. Contact a nursing home neglect lawyer at our firm for a free consultation. We will review your situation and discuss the legal remedies available to you. We never take a fee unless we win money for you.
Call a nursing home neglect lawyer at the Wieand Law Firm, LLLC today at 215-666-7777 or send us a message on the online form at the bottom of this to speak directly with an attorney.