Texas Nursing Home Negligence Lawsuit Regarding Coronavirus
Nursing home facilities have been called ground zero for the coronavirus pandemic in America. Horrifically, a third of all COVID-19 deaths in America have occurred among nursing home residents and employees—and we still do not have a full picture of the data. If you or a loved one contracted coronavirus while living in a Texas nursing home, you should know that you may have grounds for a Texas nursing home negligence lawsuit regarding coronavirus. And if you’re considering a coronavirus lawsuit in Texas, our Texas personal injury lawyers at Carabin Shaw are here to help. Read on to learn more.What is Nursing Home Negligence?
Nursing home negligence (also called nursing home neglect) does not involve inflicting intentional harm, but it is nevertheless a form of elder abuse. Nursing home negligence occurs whenever caregivers deliver poor care that does not provide for the nursing home resident’s basic needs, such as food, water, or safety. Assisted living facilities have a legal duty of care to provide all residents with a safe living environment, and to keep residents safe from accidents and contagious illnesses.
So if your loved one contracted COVID-19 while living in a nursing home, you may have grounds for a personal injury claim. In order to successfully win such a claim, however, your attorney must be able to prove all of the following:
- The nursing home facility did not meet the standard of care that it was their legal duty to uphold
- The negligence that occurred in the nursing home harmed the victim
- The harm suffered by the victim resulted in specific damages (such as physical or emotional harm, financial losses, or even death)
Nursing homes must abide by certain protocols to prevent and contain the spread of contagious diseases. If your loved one’s nursing home did not abide by CDC guidelines outlined in their Infection Control Program, this could be considered negligence in the eyes of the law. Examples of negligence during the coronavirus outbreak include (but are not limited to) all of the following:
- Failure to provide proper personal protective equipment to all nurses, aides, and staff
- Failure to implement masking requirements for staff and for infected residents
- Failure to quarantine / isolate residents showing symptoms of illness
- Failure to regularly disinfect high-touch surfaces within the facility
- Failure to limit movement of patients within the facility
If your loved one contracted coronavirus while living in a nursing home facility, a qualified personal injury lawyer can help you determine whether or not negligence played a role in their illness. But because many states are moving to grant nursing homes legal immunity from lawsuits—even those that were grossly negligent—it is important to act quickly.Are You Considering a Coronavirus Lawsuit in Texas? Call Us to Schedule a Free Consultation With a Lawyer
If your loved one contracted COVID-19 while living in a nursing home, you may be eligible to file a Texas nursing home negligence lawsuit regarding coronavirus, which can help you recover damages for your losses. And our experts are here to help you navigate the legal process so you can fully understand your rights and legal options. Our attorneys have 200 years of combined legal experience and are specialists in handling nursing home negligence claims in Texas.
So reach out to Carabin Shaw’s Texas office today at 210-222-2288 to receive your free consultation with an expert attorney. Don’t wait—give our team a call and find out how our talented Texas personal injury lawyers can help you and your family in this difficult time.