Table of Contents
- What is a nursing home wrongful death case?
- Can I sue a nursing home if a family member or a loved one has died from COVID-19 in a nursing home facility?
- How to tell if my loved ones nursing facility was negligent
- How much does it cost to bring a lawsuit against a long term care facility?
What is a nursing home wrongful death case?
A nursing home wrongful death is a case where a family member has died in a nursing home. These cases are cases where the cause of death is due to neglect on behalf of the nursing home or long term care facility.
Nursing homes have recently been hit with a wave of deaths due to the COVID-19 pandemic. Many deaths have been as a direct result of the failure of these Nursing facilities to provide proper health care plans during the pandemic. These areas of neglect may include, failing to adhere to social distancing guidelines, failure to properly staff the facility with health care workers, failure to have their employees wear masks and wash their hands and failure to offer proper treatment to their residents.
Can I sue a nursing home if a family member or a loved one has died from COVID-19 in a nursing home facility?
You may very well be able to bring an action against a Nursing Home facility if a loved one or family member died from COVID-19 after having contacted it while in their care. Nursing Homes have a duty to offer care to its elderly residents. This includes taking the necessary precautions to ensure the safety of its elderly residents during the COVID-19 pandemic.
Many long term care facilities failed to act expeditiously to ensure that its residents and employees were practicing social distancing, that they were properly staffed with care workers, and the following of state/federal placed guidelines. The CDC has issued guidelines for long term care facilities which you can access at: https://www.cdc.gov/coronavirus/2019-ncov/downloads/novel-coronavirus-2019-Nursing-Homes-Preparedness-Checklist_3_13.pdf
How to tell if my loved ones nursing facility was negligent
Federal and State Guidelines: Both the CDC and CMS have issued several guidelines and checklists for long term facilities that could help prevent the spread of COVID-19:
https://www.cdc.gov/coronavirus/2019-ncov/downloads/novel-coronavirus-2019-Nursing-Homes-Preparedness-Checklist_3_13.pdf
https://www.cms.gov/files/document/qso-20-14-nh-revised.pdf
In certain cases where certain long-term care facilities have been found to be particularly egregious that have been issued large fines and have been subject to liability from its affected residents. These fines were issued for the facilities having failed to mandate their residents and employees wear masks and gloves.
In certain areas, the number of dead from COVID-19 was so high, that the state was forced to intervene and oversee the care being offered at these facilities. In Camden, New Jersey, the department of health noted the rate of death in particular with respect to Avista Healthcare, and Premier Cadbury at Cherry Hill. Cherry Hill Mayor Susan Shin Angulo, stated that “We have been horrified by the loss of life in these facilities and keep the families in our thoughts and prayers.” www.insidernj.com/camden-county-freeholders-request-monitor-long-term-care-facilities/
How much does it cost to bring a lawsuit against a long term care facility?
It will be free to discuss the lawsuit with one of our Nursing Home Attorneys and see what your legal needs are today.
