Nursing home facilities have been called the ground zero of the coronavirus outbreak in the United States. Indeed, nursing homes have been among the hardest hit sites in the country, and the latest data suggests that more than 10,000 nursing home residents in America have died from coronavirus so far. If you’ve lost a loved one to COVID-19 while they were under the care of an assisted living facility, you should know that failure to protect nursing home residents in Texas from contracting COVID-19 may be considered, legally, a form of negligence. This is because nursing home facilities have a legal duty of care to keep residents safe from infectious disease outbreaks.
If you’re considering a coronavirus lawsuit in Texas, the Texas injury attorneys at Carabin Shaw are here to help. Read on for an overview of coronavirus nursing home lawsuit information compiled by our experts.
What is Nursing Home Negligence?Nursing home negligence (also referred to as nursing home neglect) occurs whenever caregivers deliver poor care that does not provide for an elderly person’s basic needs, such as food, water, or safety. Nursing homes have a legal duty of care to provide residents with a safe, sanitary living environment at all times. These facilities must abide by health code restrictions and meet certain requirements for safety and cleanliness to ensure their residents’ health. Failure to meet all of these criteria—by the facility or by its employees—is grounds for a negligence case.
What Responsibility Do Nursing Homes Have to Protect Their Residents From Illness?When outbreaks occur, nursing home facilities should follow the CDC’s infection control program. This means they must implement policies such as:
If your loved one’s nursing home failed to implement policies to prevent the spread of COVID-19—or failed to implement them quickly—there is a good chance you have grounds for a lawsuit. If you are unsure whether or not the nursing home in question followed appropriate protocols to prevent the spread of coronavirus, a qualified personal injury attorney can help you investigate the circumstances that led your loved one to become ill.
Why Should I File a Lawsuit?It is important for negligent nursing homes to be held accountable after their actions lead to preventable illnesses and death. Furthermore, filing a lawsuit after nursing home negligence occurs allows victims and their families to recover damages for any losses they have suffered—both economic and non-economic. A personal injury claim is a way to ensure that all medical bills related to the illness will be covered in full, and that you are able to receive compensation for pain and suffering you have endured due to your loss.
Ready to Speak With a Lawyer? Call Us Today For a Free ConsultationIf you’re considering filing a coronavirus lawsuit in Texas, our team is here to help you find your path forward. Here at Carabin Shaw, our attorneys have been handling nursing home negligence claims in Texas for more than two decades, and we want to help you however we can in these difficult times. We offer all new clients a no cost, no obligation consultation with an attorney so that you can ask us any questions you may have regarding coronavirus nursing home lawsuit information.
Reach out to Carabin Shaw today at 210-222-2288 to receive your free consultation, and to find out how our Texas injury attorneys can help. Let our knowledgeable, compassionate lawyers help you figure out your legal options, and let us help you get the compensation you deserve.