Coronavirus Pandemic (COVID-19) in Texas Nursing Homes

As the novel coronavirus (COVID-19) continues to spread rapidly across the nation, the latest data shows that more than 10,300 elderly people in 23 states have died in long-term care facilities. However, the true total number of nursing home residents who have been sickened and died is still unknown, because many states—including Texas—have medical record privacy laws that are keeping the data on coronavirus hidden from the public.

Despite the fact that hundreds of Texans have died in nursing home facilities, the state governor has not yet made public which nursing homes have experienced COVID-19 outbreaks. Consequently, the extent of the coronavirus pandemic (COVID-19) in Texas nursing homes is still unknown. However, if you know or suspect that your loved one contracted coronavirus while living in a care facility, you should know that you may have grounds for a Texas coronavirus lawsuit. Read on to learn more.

According to our Texas injury attorneys at Carabin Shaw, if your loved one has contracted COVID-19 while under the care of an assisted living or nursing home facility, you may be able to sue the facility for negligence. This is because nursing homes owe their residents a legal duty of care. These facilities are required by federal law to monitor residents for infections and take timely, effective measures to prevent and control outbreaks. If an outbreak occurred at a nursing home, a qualified personal injury attorney can help you determine whether the facility’s negligence contributed to or worsened the spread of disease.

Infection control protocols dictate that nursing homes must have steps in place in the event of a disease outbreak in their facility. These protocols dictate requirements such as the following:

• Protocols for sanitation requirements. Surfaces in nursing homes should be cleaned on a regular basis, as tables, beds, and other objects can all cause contact exposure if not properly disinfected. If a nursing home does not thoroughly clean surfaces on a regular basis, it may be held liable for negligence.
• Isolation of potentially infected residents. The best way to prevent transmission of coronavirus is to isolate and quarantine infected (or potentially infected) patients. If nursing homes did not take steps to isolate residents who showed signs of COVID-19, then negligence may have occurred.
• Follow CDC guidelines about masks. Mask-wearing has been shown time and time again to greatly reduce transmission of the novel coronavirus, and has been recommended for all healthcare workers by the CDC. If a nursing home failed to provide masks to all nurses and aides, it may be held legally liable for negligence.

If you are unsure whether proper steps were taken within your loved one’s facility, a qualified lawyer can help you investigate the circumstances and compile the necessary evidence.

If your loved one contracted COVID-19 while at a nursing home facility, you may be able to file a Texas coronavirus lawsuit against the facility in question to receive damages for their negligence.

Here at Carabin Shaw, our team has 200 years of combined legal experience and extensive experience handling nursing home negligence claims in Texas. We want to help you get the justice and compensation you deserve so you can pay your medical bills and hold negligent facilities accountable for the harm they have caused your family. And because we offer all new clients a free consultation with an attorney, you have nothing to lose by calling us to speak with an attorney today. So call us today at (210) 222-2288 or (800) 862-1260 and find out how our compassionate Texas injury attorneys can help you.