If A Loved One Suffered Wrongful Death Due To COVID-19 In A Nursing Home Or ALF, Call For A Free Corona Virus Consultation.

We will investigate your case. If we accept your case, our fees are on a contingent basis. There are no fees or costs unless we collect money damages for you and for the unnecessary loss of your loved one. Call us at 305-446-6485 or 1-800-446-6482 or visit our website at www.friedmantriallawyers.com

Thousands of corona virus-related deaths have been linked to nursing homes and ALF’s (Adult Living Facilities). Many of these homes have a history of infection-control deficiencies according to inspection Centers for Medicare and Medicaid Services (CMS) and the federal agency that regulates nursing homes. Some facilities failed to track residents with symptoms of infection. Others did not ensure that the staff members change soiled gloves, wash their hands or wear personal protective equipment. In some cases, providers used dirty or un-sanitized equipment.

Nursing home watch dog groups said that warnings went unheeded. Nursing homes and ALF’s are at the center of the pandemic. A large percentage of coronavirus-infected homes and ALF’s have violated infection control rules.

Coronavirus (COVID-19) has reached pandemic levels and is disproportionately affecting elderly patients. In most frail nursing home residents, corona virus can be lethal. Our attorneys, Friedman and Friedman, P.A. can explain coronavirus prevention, coronavirus detection, as well as liability stemming from a nursing home coronavirus wrongful death.

Friedman and Friedman, P.A. can assist your family in seeking justice through a coronavirus lawsuit against a nursing home or assisted living facility.

Legal Liability in the Aftermath of a Coronavirus Nursing Home Wrongful Death

Coronavirus has taken the world by surprise. However, nursing homes and assisted living facilities are legally required to prepare for infection outbreak.

Shockingly, many long-term care facilities are running low on antibacterial hand soap and protective face masks. Other callers are reporting that the skilled nursing facility housing their parent is operating with only 50% of the staff-members needed to provide the appropriate level of resident care.

The coronavirus outbreak in nursing homes is obviously an unprecedented event. Yet it is clear that many facilities are woefully unprepared to follow state and federal regulations regarding infection control. These failures to prepare for containment of infectious disease are grounds for a coronavirus lawsuit against the nursing home or assisted living facility corporation.

Preventing Corona Virus in Nursing Homes and ALF’s; A Facility’s Legal Duty to Stop the Spread of Coronavirus

Although particularly lethal in elderly patients, Corona Virus prevention is not much different from preventing the flu. Frequent hand washing, healthy eating and avoiding touching your eyes, mouth and nose are all common-sense preventative methods.

However, when analyzing Coronavirus outbreaks in nursing homes and assisted living facilities, there are additional preventative measures that the facility must put in place.

Following infection control protocol is the legal obligation of the nursing home. Failing to implement appropriate coronavirus prevention methods may result in a coronavirus lawsuit against the negligent nursing home or assisted living facility.

Below are some of the coronavirus preventative techniques a long-term care facility should employ.

  1. Frequent Disinfecting of Surfaces and Objects

    Nursing homes house sick people. Many short-term rehab residents are cycling in and out from acute care hospitals. Disease, including Coronavirus, is rampant in skilled nursing facilities. We know surfaces are dirty inside nursing homes. It is for this reason that nursing home staff must regularly use cleaning sprays, disinfectants and wipes on all tables, chairs and surfaces. Failing to do this may constitute nursing home negligence.

  2. Nursing Home Staff Should Wear Masks and Gloves

    Nursing homes house sick people. Many short-term rehab residents are cycling in and out from acute care hospitals. Disease, including Coronavirus, is rampant in skilled nursing facilities. We know surfaces are dirty inside nursing homes. It is for this reason that nursing home staff must regularly use cleaning sprays, disinfectants and wipes on all tables, chairs and surfaces. Failing to do this may constitute nursing home negligence.

  3. Isolating Residents with Coronavirus

    One of the biggest mistakes a nursing home can make is failing to quickly isolate a patient that is suspected of having coronavirus. Isolation and quarantine is the appropriate action when coronavirus is a potential diagnosis.

    If a patient is showing signs of fever, cough and shortness of breath, coronavirus should be on the differential diagnosis list. In order to prevent the spread of corona virus throughout the nursing facility, staff should follow the facility’s policy on isolation of residents with infectious disease.

    Failing to isolate contagious patients is a form of nursing home negligence. The result is the spread of the illness.

  4. Restricting Visitors, Vendors, Caretakers and Screening Essential Personnel for COVID19

    As per the 4-13-2020 update to the federal guidelines on COVID-19 prevention in nursing homes, facilities must prohibit all non-essential visitors and greatly restrict outside healthcare practitioners, like hospice, visiting physicians, EMS workers and dialysis personnel.

    Anyone with a cough, fever or COVID symptoms must not be allowed to enter the facility. This includes healthcare workers and facility staff. If a nurse or aide is sick, they must stay home.

    Additionally, group gatherings like meals in the dining hall, religious services, facility social groups and music / activities are strictly prohibited. Residents must remain isolated and away from other residents, regardless of their symptoms.

  5. Complying with Federal Regulations to Prevent the Spread of COVID-19

    Federal nursing home regulations mandate the facility employ and follow an Infection Control Program. This means each individual facility must:

    • investigate, control and prevent infections in the facility;
    • isolate potential carriers of infection, like COVID-19;
    • prohibit employees with infectious disease from coming in contact with residents, their food, or their linens; and,
    • maintain a record of infection control incidents and preventative actions taken, related to infection control.

    When investigating a potential COVID-19 lawsuit against a nursing home, our attorneys request a copy of this infection control record. This document should contain not only potential coronavirus incidents, but more importantly, the steps taken to prevent the further spread of the disease. Our retained infectious disease expert then compares the facility response to the applicable standard of care. This is one way our lawyers determine if the appropriate efforts were made to stop coronavirus in the nursing home or ALF.

Early Detection of Nursing Home Corona Virus

The deadly impact of COVID-19 on immunocompromised seniors is devastating. Many of the 100,000+ global deaths from coronavirus were in elderly patients with other underlying health conditions. Sadly, this means the most vulnerable patient population in the U.S. is long term care residents.

Early detection of corona virus in the nursing home is critical. If we know who has it, we can get that patient treatment to get them healthy. Also, we can get that patient isolated to prevent the spread of the infection to other residents.

Following this logic, if a nursing home resident is exhibiting corona-like symptoms (cough, fever, shortness of breath), the staff must rule out COVID-19 before it is too late.

Corona Virus Wrongful Death Lawsuit vs. the Nursing Home

Tragically, policies and procedures on infection containment will be disregarded. As a result, nursing home patients will continue to wrongfully die from coronavirus.

Our nursing home neglect attorneys can help your family pick up the pieces after a coronavirus death inside a facility. Our law firm brings unique expertise, compassion and understanding when dealing with this novel kind of case.

Contact Friedman and Friedman, P.A. anytime, day or night. There is no charge to you unless we win your case, and a potential case consultation is free.

Call us toll-free at 1-800-446-6482 or chat with us using the live chat feature. Let our family help yours through this trying chapter.

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