Nursing Home Negligence & COVID-19: What Are My Options?

The novel coronavirus outbreak has profoundly impacted the lives of everyone in the country, with multiple states issuing shelter in place and lockdown orders to prevent further spread of the disease. However, despite these orders, nursing homes and assisted care facilities are being severely impacted by the pandemic, with an ever-growing number of facilities nationwide reporting positive cases of COVID-19.

Many of the healthcare professionals and caretakers at these facilities have tirelessly worked to prevent the spread of COVID-19, but the negligent actions of the nursing home facility may have contributed significantly to the spread of COVID-19 among our most vulnerable population. If you suspect that your elderly loved ones may have contracted COVID-19 due to the negligence of a nursing home, please contact us today. At Siegel Law, we understand the stress and frustration you may be feeling, and we are here to address any questions you may have regarding your loved one’s situation.

The Current State of Coronavirus in Nursing Homes

Recent news articles and data from the Centers for Disease Control and Prevention indicate that, despite all efforts to “flatten the curve,” the elderly in nursing homes and assisted living facilities continue to test positive for COVID-19 at an alarming rate. On March 31^st, it was reported that the CDC has found positive cases in more than 400 long-term care facilities nationwide. A week prior, they had reported the presence of coronavirus in just 147 nursing homes.

Various state health departments across the country have reported similarly disturbing numbers:

• The New York Department of Health reported that, as of March 31^st, there were 1,456 cases of COVID-19 and 278 deaths in 188 nursing homes throughout the state.
• The New Jersey Department of Health reported that 81 of the 375 nursing home facilities in the state had at least one positive case of coronavirus.
• Pennsylvania has reported 132 cases of COVID-19 across 167 nursing homes.
• In Virginia, a third of the state’s reported cases are from a single long-term care facility.

Most notably, the first reported case of COVID-19 in the United States occurred at a nursing home facility in Kirkland, WA – a case that would later cause the first coronavirus hotspot in the United States.

Do I Have Any Legal Recourse If My Loved Ones Died of COVID-19 at a Nursing Home?

If any of your elderly loved ones passed in a nursing home due to the COVID-19 outbreak, you may have grounds for a wrongful death claim if negligence was a primary circumstance that led to the illness.

Nursing homes and similar facilities may have been negligent in their handling of the outbreak if they failed to uphold a duty of care to their patients and residents. This failure may include:

• Failure to follow government-recommended guidelines and regulations. On March 13, the Centers for Medicare and Medicaid Services recommended completely closing all nursing homes in the country to visitors save for exceptional circumstances in order to prevent the transmission of COVID-19 to our most vulnerable loved ones. Additionally, the CDC has posted recommendations and guidelines for all of those working and operating nursing homes. However, many facilities have failed to fully uphold or enforce these guidelines.
• Understaffing of caretakers. Nearly 75 percent of nursing homes in the nation are severely understaffed, forcing employees to work longer hours across multiple patients – some of which may already carry COVID-19.
• Overworked and underpaid caretakers. Despite many of these healthcare professionals dedicating their lives to taking care of our elderly, many are severely underpaid and do not even have basic rights such as paid sick leave. This forces them into a tough position where they may have to go into work sick in order to make ends meet.
• Lack of required equipment. Many nursing homes are experiencing shortages of the proper personal protective equipment (PPE) such as gloves and masks – equipment that is vital to protecting caretakers and preventing the further spread of disease.

It is important to note that the care facility in Kirkland, WA that became the state epicenter of COVID-19 is currently facing over $600,000 in fines due to its poor response to the pandemic. Despite knowledge of patients with respiratory issues and the news of the impending outbreak, the facility failed to act accordingly – leading to confusion among caretakers and other professionals within the facility. By failing to properly initiate any sort of action plan or response within its staff, the facility exercised gross negligence, and they may be held accountable for any deaths within the facility due to COVID-19.

It is clear that in many instances, healthcare employees and nursing home professionals have been put in an impossible position due to the negligence of many of these nursing home facilities.

What Should I Do If Negligence Caused My Loved One to Contract COVID-19?

If your loved one has passed due to contracting COVID-19 in a nursing home, it may be highly recommended to consult an attorney experienced in elder abuse and neglect. A lawyer can assist in a comprehensive investigation of the circumstances surrounding your loved one’s death and determine whether or not a nursing home may be held liable for the death.

Additionally, an attorney can get access to any information that may not otherwise be public. In states like California, the facts and hard data surrounding nursing home infections have been increasingly  difficult to find. Using this data, a lawyer can then determine if negligence played a factor – if it is, they can hold any accountable parties liable with a wrongful death claim.

Contact Us Today for Help and/or Questions

If you have a loved one in a nursing home who may have coronavirus or has passed due to coronavirus, please contact us today to discuss your case. We can help you determine who was liable for your loved one’s death, and if applicable, we can pursue legal action to hold any at-fault parties accountable for their negligence.

Let us help answer any questions regarding coronavirus and nursing homes.