Who Can Be Held Responsible For a COVID-19 Outbreak in a Nursing Home?

If you have a loved one in a Texas nursing home that is currently experiencing a COVID-19 outbreak, you are likely wondering what your options are. You may have to cover the cost of medical bills and, depending on the severity of the outbreak and the level of negligence on the part of the nursing home, of possibly rehoming as well. The thought of hiring a lawyer and pursuing a personal injury claim has likely crossed your mind. You may be wondering who can be held responsible for a COVID-19 outbreak in a nursing home, and what legal options you have.

Carabin Shaw offers free, no-obligation consultations by phone to help you decide whether our Texas injury lawyers would be the right choice for your claim. Call us today at 1-800-862-1260 to see how we can assist you.

The COVID-19 coronavirus has been proven to be especially dangerous for elderly patients. This means that nursing homes have a serious obligation to prevent the spread and keep residents as healthy as possible. Nursing homes are considered medical facilities, and have the same obligations to their patients as any other. Failure to uphold the expected standard of care constitutes negligence and medical malpractice. While some spread of the virus may have been unavoidable, there are some lapses in judgment which may constitute negligence on the part of a nursing home, including:

• Not suspending visitation
• Allowing patients and medical personnel to roam freely without masks
• Failing to screen workers and visitors on entry for fever or other symptoms of COVID-19
• Not monitoring residents to ensure social distancing
• Scheduling group activities and group dining for residents
• Not providing hand sanitizer and masks for staff and medical personnel
• Failing to report confirmed or even suspected cases of the virus to the appropriate health authorities

These negligent actions put the health and safety of residents at risk for exposure to a potentially fatal virus. If you believe this is the case, you have every right to pursue a COVID-19 nursing home claim in response to this malpractice, and you should look into the services of Texas injury lawyers to help you. If you’re wondering who can be held responsible for a COVID-19 outbreak in a nursing home, read on.

When pursuing a personal injury claim against a nursing home in response to a case of COVID-19, your target will likely be the nursing home itself. While the illness may be the result of one, or a few, employees, the ownership of the nursing home assumes responsibility for its facility and staff. It is likely that the negligence that led to your loved one’s illness lies higher up the chain than with a few staff members. Failure to properly vet employees or to provide sufficient training are the fault of the nursing home and its leadership. Most attorneys would advise you to focus your claim on the nursing home rather than on any of its staff.

The short answer is no, your case will likely not go to court. Very few personal injury claims make it to court, as the process to get a court date is long—over a year—and most parties agree to settle out of court before that time. A claim is often negotiated privately between an injured party and a defendant, and can be resolved by a monetary settlement. If the nursing home refuses or your lawyer is not able to negotiate a settlement that they feel is appropriate, they may advise you to file a lawsuit. Only then, if that lawsuit is not settled by your court date, will your case go to court.

Carabin Shaw’s team of Texas personal injury attorneys has extensive experience assisting clients in pursuing personal injury claims against nursing homes. For a free consultation and to see if we can help your case, call us today at 1-800-862-1260.