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Nursing homes in Maryland and across the country have been hit particularly hard by the COVID-19 pandemic, as the elderly who contract the virus are at a significantly higher risk of hospitalization and death. For families of the elderly who suffer and die from COVID, many are wondering whether they have any legal recourse against the nursing home where their loved ones resided. If your senior contracted the coronavirus while residing in a nursing home, a Leonardtown nursing home neglect lawyer can discuss your case with you and determine whether you have a claim.
The Nursing Home’s Obligation to Prevent Infection
Nursing homes and other elder care facilities have a legal obligation to exercise due care to prevent infection among their residents, whether it’s COVID, the flu, or other highly contagious viruses. Due care is what would be considered reasonable under the circumstances. Given how contagious and potentially deadly the coronavirus is, it would be reasonable for nursing homes to adopt stringent policies and procedures to prevent infection. Nursing homes that fail to take precautionary measures could be held legally responsible for the suffering that results or any subsequent deaths.
That said, the fact that your senior contracted the virus likely isn’t enough to successfully pursue a claim. As we know, the virus is highly contagious and spreads very easily. As a result, it can be nearly impossible to prove how and where it originated. In addition, it is practically impossible to completely eliminate the risk of infection. That said, if the nursing home has unusually high infection rates, you may be able to pursue a claim. A Leonardotwn nursing home neglect lawyer can evaluate your case.
Diagnosis and Treatment
While it may be difficult to pursue a claim based purely on the fact that your senior contracted COVID, nursing homes have a responsibility to correctly diagnose illnesses and provide the appropriate treatment. Even before the pandemic, many nursing homes would fail in this regard, either due to being understaffed or mismanaged. Failure to diagnose COVID in a timely manner or get the patient the treatment they need can lead to additional suffering and health consequences that may have been avoided had the nursing home provided the medical care they deserve. If you believe that your loved one suffered due to a delayed diagnosis or inadequate medical treatment, you should contact a Leonardtown nursing home neglect lawyer as soon as possible.
Contact Leonardtown Nursing Home Neglect Lawyer Thomas E. Pyles
Our seniors deserve the best care that we can provide, especially as we weather the ongoing pandemic. When nursing homes fail to prevent infection, diagnose illnesses, or provide the appropriate treatment, we believe that they should be held accountable.
If your senior suffered or died as a result of COVID, you may be entitled to compensation. Contact us at 301-705-5006 to schedule a free, no-obligation consultation. When you meet with us, we can evaluate your case, determine whether you have a claim, and provide a reasonable estimate of what compensation you may be entitled to.