Florida Injury Blog

CAN YOU SUE A NURSING HOME FOR COVID-19 NEGLIGENCE?

The Perazzo Law Firm 

NURSING HOMES AND ASSISTED LIVING CENTERS DURING THE CORONAVIRUS PANDEMIC

The United States is new to the complexities of dealing with a major pandemic like COVID-19. Nevertheless, negligence within nursing homes and assisted living facilities in Florida have always been a major concern for operators, staff, family members, and not to mention residents, who deserve and should be provided with quality care.

As everyone knows, the coronavirus places elderly residents at a high risk of suffering serious life-threatening conditions. Thus, all necessary safety precautions must be taken, and strict preventive measures applied to keep nursing home residents safe. Sadly, COVID-19 spreads very quickly from person to person, and within populated common spaces, contracting the coronavirus in a nursing home is likely when the virus goes undetected. Nursing home operators and staff members can unknowingly spread the virus and residents can fall victim to neglect by either not receiving proper care or medical attention, or simply testing positive for COVID-19 in a nursing home. When a nursing home resident becomes infected with coronavirus as a result of negligence by nursing home staff or nursing home operators, the victim may be able to receive compensation for bodily injury or mental harm and any losses sustained from medical expenses. An experienced Personal Injury lawyer may be able to help determine grounds for a Personal Injury Insurance Claim for compensation for nursing home residents or family members.

WHAT MAKES A COVID-19 NURSING HOME LAWSUIT VIABLE?

The grounds for a COVID-19 lawsuit in Miami depend on various vital factors which can determine if filing an insurance claim will be successful. In the event a nursing home or assisted living facility resident contracts the coronavirus, proof that the nursing home resident became infected due to negligence by staff or operators must be presented by the personal injury lawyer presenting the insurance claim before the law. This task (finding evidence to prove negligence) belongs solely to the personal injury lawyer handling the claim on behalf of the nursing home resident or family member presenting the claim for compensation to cover medical expenses, suffering, losses, or wrongful death. A COVID-19 lawsuit presented against nursing home operator or assisted living facility stem from medical malpractice or negligence by staff members.

WHAT IS COVID-19 NEGLIGENCE IN A NURSING HOME?

Negligence by nursing home staff and/or operators can include failure to take the necessary safety precautions to contain the spread of the coronavirus among the nursing home residents. This can include failure to isolate any residents showing signs or symptoms. Timely detection of COVID-19 is primordial for its prevention and spread. As we all know, this virus is highly contagious and may be deadly to elderly individuals, especially those suffering underlining illnesses. Failure to use quality masks and implement proper sanitation practices recommended for COVID-19 prevention protocols, can merit a coronavirus lawsuit if proof can be obtained by a dedicated and experienced personal injury lawyer. Proof that the nursing home acted negligently is fundamental when filing a COVID-19 lawsuit against a nursing home or assisted living facility.

MEDICAL MALPRACTICE IN A NURSING HOME & COVID-19

Nursing home residents and assisted living facility residents may fall victim to malpractice on behalf of nurses or doctors. Medical malpractice may include:

  • Poor overall care
  • Erroneous diagnosis
  • Erroneous prescription of medical or treatment
  • Erroneous dosage of medication
  • Negligence before COVID-19 symptoms

When any of the above points apply to a nurse or doctor, medical malpractice can be justifiably presented as grounds for a lawsuit and compensation. Again, medical malpractice on behalf of nurses or doctors in a nursing must be proven by a personal injury attorney.

In the case of COVID-19 and medical malpractice in a nursing home, a personal injury lawyer must prove that a nurse or doctor acted negligently in the diagnosis of detecting or treating residents that test positive for the coronavirus. An elderly resident that tests positive for COVID-19 in a nursing home or assisted living facility may require special treatment, especially if the resident requires special care to treat other conditions such as difficulty seeing, hearing, or moving. If a nursing home resident needs to be taken to a hospital, special care may be required on behalf of nursing home operators, nurses, or doctors. Failure to meet and take needed measures to prevent further complications when dealing with COVID-19, may constitute a personal injury insurance claim for compensation filed by the resident or family members.

NURSING HOMES AND THE LAW

According to Florida Law 429.28 (1)(a) belongs to the Resident Bill of Rights which states that those residing in a nursing home are required by law to receive quality care within a hazard-free environment. This includes safe walking surfaces, adequate installations such as lighting, plumbing, electrical appliances, wheelchairs, furniture, or any other objects used by a nursing home resident within the facilities or premises. If a nursing home resident is injured, it’s important to know why and how?

In Miami, the Perazzo Law Firm urges loved-ones and family members of nursing home residents to make sure their elderly loved-ones are receiving proper care and attention on behalf of staff, nurses, and doctors. If you or a family member contracts the coronavirus while residing in a nursing home or assisted living facility in Miami-Dade or Broward, Jonathan Perazzo, founder of the Perazzo Law Firm, urges you to contact him ONLINE for a FREE initial consultation and ZERO OUT-OF-POCKET FEES to its COVID-19 Personal Injury Clients.

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