The Rights of Texas Nursing Home Residents Suffering with Coronavirus

The COVID-19 coronavirus has affected all of us, especially those of us with loved ones in nursing homes. The virus has proved particularly dangerous for elderly patients, and some nursing homes have shown to be hotspots for its spread. Some of this spread has been unfortunately unavoidable, but some has also been a result of lax standards at nursing homes. If your relative has contracted COVID-19 in a Texas nursing home and you believe it to be the result of negligence, you may be wondering what options you have.

Carabin Shaw’s team of Texas injury lawyers is here to help protect the rights of Texas nursing home residents suffering with coronavirus. We want to help you see to it that the rights of your loved ones to health and safety are protected. For a free consultation by phone to see how we might be able to assist you in pursuing a personal injury claim against a nursing home, call us today at 1-800-862-1260.

Nursing homes are considered medical facilities, and as such are expected to uphold the same standard of care as any other. Just like in a hospital, any failure to meet that standard can constitute negligence and malpractice. In a nursing home, your relatives have the right to expect that their medical needs are being taken care of by an attentive and competent staff of professionals.

For a loved one suffering with a dangerous infectious disease such as COVID-19, they should expect:

• Daily screening of residents and staff so that signs of the disease can be caught early.
• Treatment of the disease as soon as symptoms are seen, including transfer if available and necessary.
• Enforced quarantine for residents with suspected or confirmed cases of the disease, to avoid spread and reinfection.
• Reporting of suspected or confirmed cases of the disease to the proper medical authorities (this is required by the CDC and nursing homes are subject to penalties if they fail to comply).

To fail to perform any of these actions is a violation of the rights of Texas nursing home residents suffering with coronavirus, as well as staff and other residents. Dismissal of early signs of COVID-19 as a cold or flu, failure to report the case, and failure to provide proper care to ensure your relative’s health and comfort are all negligent ways of dealing with a suspected or confirmed case of COVID-19. If you believe this to be the case, look into nursing home neglect lawyers in Texas to help you with a personal injury claim.

You may think you have a clear case in your favor, and that you do not need to hire an attorney. However, a lawyer is very important to pursuing a successful personal injury claim at any level above a small claims court. An attorney will help you efficiently collect information such as medical reports and personal accounts related to your claim, and to organize it in such a way that will be most effective for your case. They will do the legwork while guiding you through what can be a complicated and maddening legal process.

Further, an attorney will be familiar with how much you are likely to be owed in damages and will use that knowledge to negotiate an appropriate settlement. Without legal help by your side, the nursing home may try to intimidate or lowball you in order to avoid paying out what you are owed.

Carabin Shaw’s team of Texas injury lawyers has extensive experience representing clients like yourself pursuing negligence claims against Texas nursing homes. Although litigation related to COVID-19 is obviously a new field, nursing home neglect and malpractice is an ongoing problem. For a free, no-obligation consultation to see if we can be of help, call us at 1-800-862-1260.