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Coronavirus Exposure in a Texas Nursing Home | Who Can Be Held Responsible?

The novel coronavirus (COVID-19) has impacted our society at every level and its effects have been absolutely devastating. Sadly, certain populations are being hit much harder than others—especially the sick and the elderly. Because nursing homes are exclusively inhabited by the elderly (many of whom are also sick), these facilities have been the site of thousands of COVID-related deaths. And because nursing homes are care facilities, they have a legal duty to ensure that their residents are safe and protected from preventable illnesses—meaning that coronavirus exposure in a Texas nursing home may be considered negligence. If your loved one contracted COVID-19 while living in a Texas nursing home facility, you may have grounds to file a coronavirus lawsuit in Texas to receive damages. Read on to learn how our Texas injury attorneys at Carabin Shaw can help.

What Steps Must Nursing Homes Take to Prevent Disease Outbreaks?

There are certain steps nursing homes must take to prevent outbreaks of COVID-19, including:

  • Implementing stricter cleaning procedures.
  • Isolating all infected residents.
  • Following CDC protocols regarding personal protective equipment.

The CDC recommends that all healthcare workers in nursing homes and assisted living facilities wear face masks to prevent the spread of COVID-19. So if a nursing home has failed to provide its employees with masks, negligence may have taken place.

If your loved one has been diagnosed with COVID-19 while living in a nursing home facility in Texas, an attorney can help you determine whether or not the facility took reasonable measures to respond to and control the outbreak. If the facility failed to take reasonable precautions, they may be held legally responsible for negligence and you may be entitled to receive damages.

Nursing Homes and Their Duty of Care

By law, nursing homes have a duty of care to protect their residents from illness and injury. They must follow the CDC’s Infection Control Program whenever an outbreak occurs in their facility.

The guidelines laid out in this program state that it is not enough for nursing homes to take precautions to prevent the spread of illness, they must also respond rapidly and effectively. So even if a nursing home facility eventually took the correct steps to contain the outbreak, you may still have grounds for a lawsuit if the nursing home in question was slow to respond to the coronavirus.

Because people ages 65 and older are the highest risk group for dying of COVID-19, contracting the virus may be a death sentence for this vulnerable population. Nursing homes slow to respond to the outbreak are directly responsible for any deaths that occurred due to their lack of preparation, and they must be held accountable.

If you’re unsure whether or not the proper and timely precautions were taken at your loved one’s facility, consulting with a personal injury attorney who specializes in nursing home negligence can help you determine whether the facility may be liable.

Ready to Speak With a Lawyer? Call Us Today For a Free Consultation

Here at Carabin Shaw, our Texas injury attorneys have been helping victims of negligence for more than two decades. Our team has more than 200 years of combined legal experience, and we specialize in handling nursing home claims in Texas.

If you’re considering filing a coronavirus lawsuit in Texas, we’re standing by to take your call, and we can help you understand all of your legal rights and options. Coronavirus exposure in a Texas nursing home is serious and life-threatening to the elderly, and we believe that negligent facilities should be held responsible for their inaction. We are passionate about defending the rights of victims—especially those who are the most vulnerable.

So don’t wait—call us today at 210-222-2288 to speak to a qualified lawyer and find out how our team can help you and your family. Let us help you get the justice and the compensation you deserve.

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