Can I Sue a Texas Nursing Home For Coronavirus (COVID-19) Infection?
Nursing home negligence does not involve inflicting intentional harm; rather, it occurs whenever caregivers deliver substandard care or do not abide by the laws and regulations regarding how their facility must be maintained. Negligence in nursing homes can take many different forms, such as emotional or social neglect, failure to meet basic needs, or the failure to provide a safe, clean environment. Under this definition, failure to protect nursing home residents in Texas from contracting coronavirus can legally be considered a form of negligence, since nursing home facilities have a legal duty of care to keep residents safe from infectious disease outbreaks.
But who qualifies for filing a Texas coronavirus lawsuit, and which Texas injury attorneys should you choose to represent you? To learn the answers to these questions and more, read on.The Truth About Suing a Texas Nursing Home
You may be asking yourself, “Can I sue a Texas nursing home for Coronavirus (COVID-19) Infection?” Under Texas law, residents who became injured or died from coronavirus have a legal right to bring a lawsuit against negligent nursing homes. However, in order to build a successful negligence case after your loved one contracted COVID-19 in a nursing home, your lawyer must be able to prove all of the following:
- Negligence occurred in the nursing home facility (such as inadequate quarantine procedures, inadequate cleaning of the facility, inadequate mask-wearing of staff members).
- The neglect that occurred in the nursing home facility caused harm to the victim by leading them to contract COVID-19.
- Because of the negligence, the nursing home breached the standard of care that it was their duty to uphold to keep residents healthy and safe from outbreaks.
- The illness contracted by the victim resulted in specific, concrete damages in the form of physical and/or emotional harm, financial damages (such as medical bills), or even death.
If you’re unsure whether or not the nursing home facility in question was acting negligently, it’s helpful to look to the CDC’s procedures for preventing the spread of viruses. These procedures include:
- All staff members should wear personal protective equipment (PPE), such as face masks.
- Visitors and other residents should not be allowed to come into contact with infected patients.
- Nursing home staff should practice proper hand hygiene and regularly disinfect surfaces in the facility.
- Infected or potentially-infected staff members should not be allowed to come into contact with patients.
If the facility in question did not follow the above protocols—or they waited to implement these policies until the infection had already spread throughout their facility—you should contact a qualified lawyer to talk about your next steps.How Do I Choose the Right Personal Injury Attorney to Help With My Claim?
When choosing a personal injury lawyer to handle your nursing home negligence claim, the following criteria are crucial:
- Extensive experience handling nursing home negligence claims in your state
- Trial experience
- Courteous, professional, and responsive staff
- Stellar client reviews
Here at Carabin Shaw, our attorneys meet all the above criteria and more. We’ve been defending accident victims for more than two decades, and we want to fight for you however we can.Want to Learn More About Filing a Lawsuit in Texas? Our Attorneys are Here to Help
If you’re still wondering, “Can I sue a Texas nursing home for coronavirus (COVID-19) infection?” or you are unsure whether your loved one’s case meets the criteria for a claim, our Texas injury attorneys are here to help. We can help you determine whether or not you have grounds for a successful Texas coronavirus lawsuit and we can help you understand all of your legal options.
At Carabin Shaw, we offer all new clients a no cost, no obligation consultation with a lawyer, meaning you have nothing to lose by giving us a call today at (210) 222-2288 or (800) 862-1260. Don’t wait—contact us today and learn how our professional, compassionate attorneys can help you and your family get the compensation you deserve.