COVID-19 and Nursing Home Wrongful Death

In 2020, more than 100,000 nursing home residents and staff members died from COVID-19 infections.  That represents around a quarter of all coronavirus deaths in the United States.  With so many cases of coronavirus in nursing homes, it is no wonder that coronavirus wrongful death lawsuits are beginning to be filed across the country.   

What is more alarming is the fact that experts agree the total is likely much higher.  Many states have not publicly reported the number of deaths. 

At Fight Nursing Home Abuse, we are well aware of the questions and concerns that families have about coronavirus and wrongful death in nursing homes.  Here, we hope to provide families with helpful information.  We are also here to answer questions about nursing home abuse or neglect and the legal rights of nursing home residents.

Did Nursing Homes Fail to Protect Residents?

Healthcare experts around the world quickly realized that the elderly, and especially nursing home residents, are extremely vulnerable to the novel coronavirus COVID-19.  A routinely updated database from The New York Times suggests that more than 1.2 million nursing home residents and staff have been infected across more than 31,000 facilities.  Sadly, many facilities were grossly unprepared for the impact of coronavirus. 

Many nursing homes put their employees, patients and visitors at risk of contracting coronavirus by not following infection control guidelines or implementing guidelines from the Centers for Disease Control and Prevention (CDC).  Many nursing homes have failed to meet the following requirements:

• Providing masks to residents and staff
• Ensuring sanitary living and work conditions
• Properly screening staff members and residents
• Isolating residents or staff who tested positive
• Restricting sick staff members from the facility
• Allowing non-essential visitors despite CDC warnings
• Properly documenting and reporting COVID-19 infections

The result of these actions (or lack thereof) have resulted in disaster.   

Information about Coronavirus Wrongful Death Lawsuits

Nursing homes are legally required to plan ahead and prepare for possible outbreaks of infectious disease.  This is incredibly important because nursing home residents often have underlying medical conditions that make them particularly vulnerable to disease.  Nursing homes that violate state or federal guidelines for infection or outbreak control may be negligent in their care of residents. 

If a nursing home resident dies as a result of negligent care during the coronavirus pandemic, then his or her surviving family members may be able to pursue compensation from those suspected of negligence.  In order to find out if you have an actionable legal claim, it is important to work with an attorney who is skilled in nursing home abuse and wrongful death laws. 

Coronavirus wrongful death lawsuits certainly require skill.  At Fight Nursing Home Abuse, our attorneys recognize the importance of properly investigating and documenting your claim.  We can help you:

• Obtain copies of the facility’s infection control policies and records
• Gather medical records from your loved one’s healthcare provider and the facility
• Analyze whether the nursing home followed state and federal guidelines
• Determine exactly who is responsible for negligence – the facility and/or a staff member

If after this careful examination we determine that your loved one’s death is the result of negligence, then we can help you build your coronavirus wrongful death lawsuit and pursue justice for your loved one. 

Getting the Right Help with Coronavirus Wrongful Death Lawsuits

One thing is abundantly clear when it comes to coronavirus – it is a developing and changing situation.  That is true for the healthcare industry, and also the legal industry.  At Fight Nursing Home Abuse, we recognize that this situation is unprecedented.  Our nursing home abuse lawyers are working to stay abreast of relevant legislation and guidelines for coronavirus wrongful death lawsuits. 

If you have questions about coronavirus wrongful death lawsuits, nursing home responsibilities or the rights of a nursing home resident, please contact us.  At Fight Nursing Home Abuse, we are dedicated to helping families protect their most vulnerable loved ones.  We are here to answer your questions and set you on the right track toward protecting or obtaining justice for a loved one. 

For more information about coronavirus in nursing homes, or to schedule a free consultation, call us at 1-866-548-9636.  You can also complete the online form that appears on our website to request more information. 

Written By Meagan Cline

Meagan Cline is a professional legal researcher and writer. She lends her expertise to FNHA and our websites, including Birth Injury Guide and MedMalFirm.com.