Nursing Home Negligence and Coronavirus (COVID-19)

Nursing homes are rapidly becoming some of the worst hotspots for the novel coronavirus, and the consequences have been tragic. Older adults with preexisting health conditions are the people most vulnerable to the virus, and they are also the same people who are living in close quarters with shared caregivers in nursing homes. As a result, more than 10,000 nursing home residents have been confirmed dead from COVID-19—and experts say that the actual number may be much higher. Families of nursing home residents who have contracted coronavirus in Texas should know that nursing homes have a legal obligation to keep their residents safe from outbreaks.

That’s why the legal experts at Carabin Shaw have compiled an overview of nursing home negligence and coronavirus (COVID-19). Read on to learn more.

Nursing homes across the country are responsible for thousands of COVID-19 deaths. Even before the pandemic began, many facilities were already understaffed, poorly-managed, and susceptible to infectious disease outbreaks—and coronavirus has made these problems a thousand times worse.

Yet in spite of this, many nursing homes are seeking legal immunity from civil suits in states across the country. However, many of these same nursing homes seeking immunity provisions were cited during their previous health inspections for failing to implement thorough infection control programs, according to a new report by NPR. Luckily, victims of nursing home negligence in Texas are still able to file claims against negligent nursing homes whose actions led to COVID-19 infections.

Contracted Coronavirus in a Nursing Home? You May Have Grounds for a Texas Coronavirus Lawsuit

Nursing homes have a legal responsibility to protect their residents from accidents, injuries, and contagious illnesses. According to our Texas injury attorneys, nursing homes are required to follow the CDC’s Infection Control Program whenever an outbreak occurs in their facility in order to keep residents safe. The program guidelines state that nursing homes must take certain precautions to contain and prevent further spread of outbreaks by:

• Isolating residents who show symptoms or who have been exposed to other sick residents.
• Thoroughly disinfecting surfaces within the facility to prevent spread of illness.
• Following CDC guidelines regarding masks and PPE (personal protective equipment), which currently state that all nurses, healthcare workers, and aides should be wearing masks at work.
• Performing proper hand hygiene.
• Limiting transport and movement of patients outside the room to medically-necessary purposes.

It’s important to note that it is not enough for nursing homes to implement these guidelines—they must also do so in a timely manner in order to not be considered negligent. If a nursing home waited too long to implement stricter cleaning protocols or masking requirements, they may still be legally considered negligent under Texas law.

If you are unsure whether the nursing home in question was abiding by proper CDC requirements at the time your loved one became ill with coronavirus, a qualified personal injury attorney can help you investigate the circumstances that led to your loved one becoming sick.

At Carabin Shaw, we firmly believe that negligent nursing homes should be held responsible for their inadequate responses to this unfolding crisis. Our team of talented attorneys has been helping Texas families for more than two decades, and our lawyers have more than 200 years of combined legal experience. Our Texas injury attorneys are passionate about defending the rights of victims and helping their families get the damages they deserve for their suffering.

So don’t wait—call our Texas office today at (210) 222-2288 or (800) 862-1260 to speak to a qualified lawyer and find out how our team can help you and your family after contracting coronavirus. Let us help you get the justice and the compensation you deserve, and let us help you hold negligent nursing homes accountable through a Texas coronavirus lawsuit.