What Damages is a Nursing Home Responsible for in a Coronavirus Lawsuit?
As the novel coronavirus rages through the country, nursing homes have been some of the worst hit areas in America. This is not only due to the fact that the virus is most devastating among the elderly—it is also due to the fact that many nursing homes have been negligent in their handling of this pandemic. If your loved one contracted COVID-19 while residing in a Texas nursing home, you may have grounds for a Texas coronavirus lawsuit. But how should you choose the right attorney to represent your family? And what damages is a nursing home responsible for in a coronavirus lawsuit? If you’re looking for the answers to these questions and more, the Texas injury attorneys at Carabin Shaw are here to help. Read on to learn more.When Can a Nursing Home Be Held Liable for Exposure to Coronavirus?
Nursing homes have a legal duty of care to protect their elderly residents, who are among the most vulnerable members of society and are entirely dependent on their caregivers. This means protecting residents from injury and illness and ensuring a good quality of life.
Nursing home facilities are required by federal law to carefully monitor residents for infections and take timely measures to prevent and control outbreaks. There are laws and regulations governing the steps these facilities must take in the event of an outbreak. For example, surfaces such as beds and tables must be regularly and thoroughly disinfected, and sick patients should be quarantined or and isolated at the first signs of illness.
In the case of coronavirus, nursing homes should also be complying with CDC guidelines regarding this new disease. Failure to do so may constitute negligence. For example, if your loved one became ill at a facility where not all of the nurses and aides were wearing masks per CDC guidelines, you may have grounds for a lawsuit.What Types of Damages Can You Recover After Exposure to Coronavirus in a Nursing Home?
- Medical expenses. If your loved one contracted COVID-19, they probably have medical bills to pay—and if they required hospitalization, these bills may be extremely costly. Fortunately, personal injury claims may allow victims to recover the full cost of medical care associated with the illness that was contracted due to the responsible party’s negligence. In some cases, you may also be able to receive reimbursement for the cost of future medical treatment.
- Pain and suffering. Coronavirus is a painful infection, often resulting in extreme breathing difficulties and sometimes requiring intubation. If your loved one contracted this disease due to another person’s negligence, you may also be entitled to pain and suffering damages. These damages refer not only to physical suffering during the illness and the recovery afterward, but emotional suffering as well.
- Loss of consortium. If your loved one died wrongfully after contracting coronavirus, these damages may apply as well. These damages are sought after a loved one’s death results in loss of companionship. However, in some cases, they may also be sought if severe injuries have prevented the victim from providing care and nurturing as they usually do.
If you’re still wondering, “What damages is a nursing home responsible for in a coronavirus lawsuit?” and you would like more information about your specific case, our Texas injury attorneys are here to help.
Here at Carabin Shaw, we offer all new clients a no cost, no obligation consultation with a lawyer—and we can help you determine whether or not you may have grounds to file a successful Texas coronavirus lawsuit. And because our talented attorneys have more than 200 years of combined legal experience, you can rest assured knowing your case will be in good hands if you choose our firm.
To receive a free consultation with an experienced lawyer serving Texas, call us at (210) 222-2288 or (800) 862-1260. Don’t wait—find out what our expert attorneys can do for you today.