What You Need to Know About Nursing Homes and COVID-19

The COVID-19 pandemic has affected us all in many different ways, but most concerning may be a newfound anxiety over the health of our elderly loved ones. If you have loved ones in a San Antonio nursing home, you have likely been up at night wondering if their facilities are appropriately responding to the threat of COVID-19, which is over ten times as dangerous for elderly patients. If your relative’s nursing home is not doing enough to protect their health, you may want to consider the help of San Antonio medical malpractice lawyers. Carabin Shaw’s legal team has years of experience representing nursing home malpractice cases, and can provide you with the legal guidance you need to ensure the safety of your loved ones.

Here’s what you need to know about nursing homes and COVID-19: since nursing homes are so dangerous right now, it is incumbent on those nursing homes to do everything they can to prevent the spread of coronavirus among residents and staff alike. In March, the Center for Medicare & Medicaid services released guidelines for all nursing homes, including the following:

• Nursing homes must restrict visitation and nonessential medical personnel
• Notify potential visitors (such as family) that they should defer their visits
• Enforce strict hygiene standards for visitors and medical personnel
• Nursing homes should disallow group dining and other group activity
• Residents should be instructed to follow social distancing guidelines
• Residents and staff should be screened for fever and respiratory symptoms, staff at the beginning of every shift
• Staff with signs of illness should be sent home

If the nursing home at which your relative is a resident seems to be breaking any of the above guidelines, they are in noncompliance with the CMS, actively risking the health of their residents and staff. This opens them up to a malpractice claim. Research San Antonio medical malpractice lawyers to help you see that these issues are addressed.

You may be hesitant to file a claim because you don’t want to commit to a full lawsuit. Most personal injury cases, however, do not actually make it to court. The process of bringing a personal injury claim to court is long and involves much negotiation along the way. Since a case will often take at least a year to make it to court, it is likely you will be able to reach a settlement before that happens.

Bringing a personal injury case to a San Antonio nursing home may also compel them to take action to address their harmful practices. If a nursing home’s owner is aware that they are acting negligently, they will be more likely to take action to address that negligence to avoid further personal injury claims. Damages from a malpractice claim can also help you cover the expenses of any additional medical care necessary for your relative as a result of the nursing home’s negligent actions, and to make sure that they see their pain and suffering addressed economically.

Although COVID-19 litigation is new, a lawyer who is experienced in nursing home negligence will be able to give you insight on what evidence of malpractice is most likely to be compelling. When filing a coronavirus claim in San Antonio, your attorney can help you navigate the difficult and convoluted legal process, including deciding on whether a settlement is appropriate.

Carabin Shaw’s team of lawyers are experienced in medical malpractice claims and are here to help. We can provide you and your family with guidance on what you need to know about nursing homes and COVID-19 litigation. Call us today at (210) 222-2288 to get started with a free, no obligation consultation.