Nursing Home Neglect After Contracting COVID-19 in Texas
Over 31,500 cases of coronavirus have been confirmed in Texas alone as of May 4, 2020, and unfortunately, vulnerable populations such as the elderly or immunocompromised are at higher risk for contracting the disease. To make matters worse, facilities such as nursing homes are hotbeds for infection, especially when they fail to uphold federal and state standards. Reports of nursing home neglect after contracting COVID-19 in Texas expose the dire situation many elderly are in.
If your loved one has suffered neglect and you are considering filing a coronavirus lawsuit Texas, then speak to an attorney from the office of Carabin Shaw today.
How Do I Know If My Loved One Has Suffered Neglect?Neglect can occur in many different ways, from failing to diagnose an illness to omitting treatment. Also, it may be a sign of neglect if your loved one has passed away or their health has rapidly decreased recently. Be aware of how they are communicating during this time, and ask about what precautions their caretakers are taking to be safe.
Can I Sue a Nursing Home for Medical Malpractice?You may be able to sue a nursing home if they fail to follow state and federal guidelines for handling and mitigating COVID-19. Medical malpractice consists of causing harm to patients through neglect or omission. It is a stark fact that 40% of coronavirus fatalities in Texas are linked to long-term care facilities such as nursing homes. Some of these facilities may be under-staffed or lack the proper medical supplies, while some may be acting simply out of neglect.
Regardless, facilities that defy the law and inadvertently aid in the spread of COVID-19 may be held liable in court for medical malpractice. Talk to a lawyer today about your concerns to see if you are able to sue.
How Can Nursing Homes Slow the Spread of the Virus?While nursing homes are in a particularly precarious situation right now, they can mitigate the spread of infections by:
- Surveillance - Monitoring for symptoms
- Protection - Providing adequate protective gear to healthcare workers and patients
- Isolation - Isolating patients under quarantine
- Communication - Calling local health authorities about potential and current cases
- Evaluation - Continuing with mitigation efforts and planning
Texas medical malpractice lawyers note that those who fail to follow the published guidelines may be held liable for damages caused by COVID-19. Outbreaks may occur when appropriate actions are not taken. The coronavirus is lethal in vulnerable populations, and neglecting patients during this time is unacceptable. You may be able to sue for damages if your loved one has suffered because of nursing home neglect after contracting COVID-19.
What Damages Could I Sue For?You can typically sue for the following in a medical malpractice lawsuit:
- Medical Expenses: Caused by anything related to COVID-19, including transportation, treatments, exams, and future medical expenses
- Pain and Suffering: Including ongoing pain and discomfort
- Emotional Distress: Development of anxiety, depression, and other mental diseases is common during a traumatic illness
- Loss of Consortium: Also known as ‘loss of companionship,’ usually due to the wrongful death of a spouse or child.
You will gain a greater sense of what you may recover after speaking to a lawyer about your case. Filing a coronavirus lawsuit Texas is a new experience for us all, but we will work together to make sure you earn what you deserve.
What Kind of Lawyer Should I Hire?Consider working with the Texas medical malpractice lawyers from Carabin Shaw. We recognize this is an intense and uncertain time, which is why we are offering our free initial consultations over the phone and through video chat. Additionally, we have 24/7 live chat support on our website. You don’t need to go through this alone--we are here to help.
Call us if you need to speak to an attorney at 800.862.1260 today.