Can I Sue for Nursing Home Negligence during the Pandemic?

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Can I Sue for Nursing Home Negligence during the Pandemic?

by | May 8, 2020 | Elder Abuse, Personal Injury, Wrongful Death

Nursing home negligence is a hot button issue as deaths from coronavirus in facilities across the nation top 20,000. While some states have issued temporary immunity from civil suits stemming from COVID-19 for nursing homes, others, including Florida, have yet to make a decision. With an elderly population like no other state, Florida is bound to see many cases soon if such immunity is not granted.

If your loved one contracted COVID-19 and you think their nursing home is responsible, read on to learn what steps you can take.

Look for Signs of Negligence

Negligence is not always an intentional, overt act. In most nursing home negligence cases, it is much more subtle, and it can be easy to miss the signs. But there are certain things that you can look for if you suspect that your loved one is not being properly taken care of by their care facility. Elder neglect and abuse during normal times are egregious. During a pandemic, they are more likely to lead to a death.

If you suspect that your loved one’s nursing home is mistreating or neglecting its residents, try to gather any evidence and documentation you can. The following are some items you can gather:

  • Medical records for your loved one
  • Transcribed or recorded interviews with your loved one about their treatment by care staff and whether staff and guests are required to follow safety measures to prevent the spread of the virus
  • Details from the nursing facility about your loved one’s health before and after infection

As soon as you have evidence of wrongdoing or neglect, get in touch with the proper authorities. Then, contact our offices so we can discuss your case and start taking action if necessary.

Know the Law

It’s important to know the current law surrounding nursing home neglect and the pandemic if you want to protect your loved one. In March, an emergency order was issued which stipulated the rules that nursing homes and visitors must follow before visiting a nursing facility. You can read the order here.

Here are a few items from the order worth mentioning in this post:

  • Anyone with noticeable signs of any respiratory infection, not just COVID-19, is prohibited from visiting a facility.
  • Anyone who has traveled outside the country is prohibited from visiting a facility for 14 days after their return to the United States.
  • Anyone who has visited an area with documented community spread of the virus is prohibited from visiting a facility.

Nursing home facilities are required to follow these regulations. If it can be proven that they have not followed them, they could be held liable.

Get Professional Help for your Nursing Home Negligence Case

We are living in unprecedented times. Now more than ever, it is important that we protect the most vulnerable in our communities. Get in touch with us today if you need help.

Are you ready to pursue your case? Contact us today and set up an appointment to speak to an attorney. Call us at 1-800-24-7-CRASH or write to us at [email protected].

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