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(314) 500-HURTBurger Law is Here to Help During the COVID-19 Pandemic
COVID-19 Nursing Home Negligence Lawyer. Coronavirus (COVID-19) is a national pandemic and greatly impacts our lives. The pandemic has exploded in America, especially in long-term care facilities. As of Mid-April, 2020, at least 3,600 nursing home residents have died due to coronavirus complications. This number is rising every day. Burger Law supports victims and their families. If you’ve lost someone in a nursing home due to COVID-19, call our attorneys today. There’s no fee for legal services if we don’t recover damages.
According to the St. Louis Post-Dispatch, more than 60 residents of the Festus Manor Care Center have been tested positive for COVID-19. The virus spreads rapidly through nursing homes and has lead to several deaths in the Greater St. Louis area as of now. Having goggles, N95 masks, gloves, and sanitation supplies on hand is crucial for getting a hold of this outbreak. Hospital systems have seen an uptick in coronavirus cases. A Kansas City nurse recently filed a claim against a hospital system, and there are sure to be others.
The early stages of a lawsuit are often the most critical. We will need to uncover exactly what happened, how a negligent party was at fault, and whether or not a long-term care facility took the proper precautions to prevent COVID-19 infection. Contact Burger Law now at 314-542-2222 or 618-272-2222, or fill out our contact form to make a claim. We’re here to answer any question you may have about losing a family member during this pandemic.
Burger Law explains coronavirus prevention, nursing home resident safety regulations, and liability in nursing home wrongful death cases. Our wrongful death attorneys are here to help you and your family if a loved one in a nursing home has died or been incapacitated because of the COVID-19 virus.
If you have questions about Nursing Home Neglect or Abuse, or if you believe a loved one is in a home that is violating CMS Guidelines, our St. Louis nursing home neglect lawyers at Burger Law are here to investigate. The coronavirus in Missouri and across the United States is a serious problem for elderly residents. Nursing homes must take steps to ensure baseline safety established by the CDC and other organizations. If a loved one has been seriously injured in a nursing home or has contracted COVID-19 in a long-term facility, contact us now for a free consultation. Call 314-542-2222 or 618-272-2222 to speak with an actual lawyer today.
We have nationally renowned experts with whom we partner to aggressively prosecute your case.
COVID-19 is an expansive and developing issue. One thing is clear: Elderly nursing home residents with existing medical conditions such as diabetes, asthma, and those who are immunocompromised, are most at risk of contracting the virus from nursing home staff. Long-term care facilities and nursing homes are legally required to plan and prepare for infection outbreaks, but thousands of COVID-19 resident cases have been caused by negligent nursing homes that are likely understaffed and/or don’t follow state and federal regulations for preventing the spread of COVID-19.
With countless nursing homes not adhering to coronavirus prevention, you need someone on your side that can fight for your case. Violating state and federal COVID-19 regulations is grounds for filing a nursing home negligence claim or lawsuit. If your loved one has contracted COVID-19 as a nursing home resident, and you need help filing a nursing home negligence claim or lawsuit, our wrongful death attorneys are here to help.
Prevention measures for COVID-19 are the same strategies used to detect and prevent common viruses such as the flu. This includes hand washing, avoiding social contact, and not touching shared surfaces. With elderly people being most at risk of contracting the virus, additional prevention measures must be enforced in nursing homes.
*Note that while nursing homes are a hotspot for infection, everyday contact for people both healthy and immunocompromised is dangerous.
Strictly following state and federal COVID-19 prevention regulations is the legal obligation of long-term care facilities to keep residents safe in the midst of infectious outbreaks. Failure to follow COVID-19 regulations could result in a coronavirus lawsuit against the negligent nursing home facility.
Below are some of the coronavirus prevention regulations to which long-term care facilities are required to adhere:
Elderly people are considered high-risk for many illnesses and conditions. With nursing home residents regularly getting sick, undergoing surgeries, receiving physical therapy, and getting treatments, it’s crucial for nursing homes to sanitize frequently. According to the CDC, one of the most effective ways to prevent the spread of COVID-19 is to continually disinfect tables, chairs, and other surfaces. If a long-term care facility fails to take proper sanitary precautions, and a resident gets sick, this could result in a nursing home negligence lawsuit and loss of life.
Coronavirus spreads easiest via respiratory droplets and touch. As such, the CDC recommends that all people (especially nursing home caregivers, nurses, and doctors) wear face masks and gloves to prevent its spread. If a long-term care facility fails to provide gloves, face masks, face shields, and other supplies to nurses, doctors, and other caregivers, and a resident contracts COVID-19, the resident’s family can bring a coronavirus lawsuit against the nursing home. Failure to uphold due diligence is negligence.
Isolation is one of the most effective ways of preventing a nursing home resident from infecting others. Isolation must be achieved as soon as an individual is suspected of having coronavirus – this is done through persistent surveillance by nursing home caregivers, nurses, and doctors. If a patient is showing coronavirus-related symptoms such as dry coughing, running a fever, or having shortness of breath, staff should spot these signs immediately and follow COVID-19 prevention measures and isolate sick residents. Failure to isolate a nursing home resident that has been diagnosed with coronavirus, or is displaying symptoms, is nursing home negligence.
Federal COVID-19 nursing home regulations were updated on 4/13/2020. Per the update, nursing homes and long-term care facilities must prohibit all non-essential visitors and outside caregivers and physicians, such as hospice and EMS workers, dialysis specialists, etc. Any staff or visitors that have a cough, fever, or other coronavirus symptoms are restricted from entering facilities. Lastly, group gatherings such as dining hall meals, religious services, and social activities, are strictly prohibited. These events are shown to be conducive to the spread of the virus. Nursing home residents must be isolated from all possible sources of infection whether they display symptoms or not.
Federal nursing home regulations mandate that long-term care facilities must utilize an Infection Control Program, which is designed to help each resident attain or maintain their highest level of well-being. Under these regulations, facilities must:
When investigating a potential coronavirus lawsuit against a nursing home or long-term care facility, our nursing home wrongful death attorneys require a copy of the facility’s infection control record. This record should include potential coronavirus cases, as well as the steps that the facility took to prevent the spread of COVID-19. Our attorneys will analyze whether the facility followed federal nursing home regulations accordingly. If it is determined that a nursing home employee or long-term care facility didn’t take proper steps to prevent COVID-19 in a nursing home, we will bring a nursing home negligence claim or lawsuit for your family.
Contacting a lawyer, gathering information (medical records, the facility’s documentation, etc.) is essential for pursuing a case. Don’t hesitate to reach out to Burger Law and speak with an actual attorney today if you’ve lost a loved one during this horrible pandemic.
Coronavirus is rapidly affecting nursing homes. In Tennessee, residents and former employees at a Gallatin, TN, nursing home are suing after more than 100 residents and employees tested positive for coronavirus with 14 fatalities. In Beaver, PA, a shocking 42 out of 450 residents living in a nursing home were diagnosed with COVID-19, with three fatalities.
Healthcare personnel and facilities are required to provide a certain Standard of Care, including timely execution of infection outbreak prevention measures. Many of the deaths related to COVID-19 have been elderly individuals with underlying health conditions, such as asthma, diabetes, heart conditions, and those who are immunocompromised.
Close monitoring and early detection of coronavirus in nursing home facilities is vital. All staff, including caregivers, nurses, doctors, janitorial staff, etc. should be adequately trained in how to prevent the spread of COVID-19, including how to properly and frequently disinfect surfaces, what symptoms to look for in residents, what to do if a resident is suspected of having the virus, and other prevention techniques to keep residents safe.
If a nursing home facility doesn’t train staff with the required coronavirus prevention measures, or doesn’t provide COVID-19 suspected or positive residents with a certain standard of care, a nursing home negligence lawsuit can be filed against the facility.
There are, and will continue to be, hundreds of nursing home residents infected by the lethal coronavirus due to the negligence of those ignoring or misunderstanding federal COVID-19 regulations.
Our nursing home neglect attorneys are ready to help your family during this tragic time. Burger Law has fought for the rights of many nursing home residents wronged by a caregiver or facility’s negligence and has settled countless cases of nursing home infection, neglect, abuse, and wrongful death. We fight hard to obtain justice for the family’s of those injured or killed, and can help you file a potential COVID-19 lawsuit against a negligent nursing home or long-term care facility.
Call or contact Burger Law, any time, at 314-542-2222 or 618-272-2222 to discuss your case. Our attorneys don’t charge fees for consultations, and we never ask for attorney fees unless we win compensation for your claim. Our top priority is handling all cases with the utmost care and being available to answer any questions that you might have about bringing a coronavirus lawsuit during this challenging time.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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