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Home > Blog > Coronavirus COVID-19 Exposure > Filing a Claim Against a Nursing Home for COVID-19-Related Negligence

Filing a Claim Against a Nursing Home for COVID-19-Related Negligence

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Over the last few weeks, it has become increasingly clear that elderly individuals continue to be at a much higher risk of contracting COVID-19 than other populations and that despite the loosening of quarantine restrictions across the state, thousands of nursing home residents remain in serious danger. While many facilities are taking all necessary safety precautions and implementing strict preventive measures, COVID-19 has continued to spread among elderly populations who reside in nursing homes at an alarming rate.

When contracting this illness can be linked to a nursing home’s negligence in providing adequate medical care to residents, the families of the wronged individuals could be entitled to compensation for any bodily injury or mental harm suffered by their loved ones. To learn more, please call a COVID-19 exposure lawyer today.

A Failure to Prevent Infection

Whether a family has grounds to file a COVID-19 lawsuit in Florida will depend on a number of factors, including whether the nursing home resident contracted the illness as a result of negligence by staff or operators. This kind of negligence can take a number of forms, including failing to take necessary safety precautions to contain the spread of the disease, which includes taking steps to minimize the risk of infection not only amongst individual residents, but also among and between residents and healthcare workers, such as:

  • Failing to provide quality masks and gloves to aides, nurses, healthcare workers, and residents;
  • Allowing non-essential visitors to visit the facility;
  • Failing to enforce social distancing guidelines;
  • Failing to use proper sanitation practices and prevention protocols, including frequent cleansing and disinfecting of surfaces; and
  • Failing to isolate residents who show COVID-19 symptoms.

Proving that a nursing home was negligent in its failure to prevent infection can be difficult, as providing evidence of causation tends to be more complicated. Fortunately, plaintiffs who allege negligence in diagnosing or treating illnesses, usually have more success.

A Failure to Diagnose and Treat COVID-19

Even if a nursing home did do all it could to prevent residents from becoming infected with COVID-19, the facility’s staff or administrator could still be held liable if residents were not properly treated once they were diagnosed. This could include everything from failing to provide residents with proper equipment like ventilators to failing to prevent bed bound residents from suffering from bed sores and similar ailments. Facilities can also be held liable for a lack of supervision, a failure to meet the nutritional needs of residents during treatment, and failing to account for a resident’s unique needs, including potential drug interactions.

Did Your Loved One Contract COVID-19 in a Nursing Home?

If you have evidence that a nursing home was negligent in its efforts to prevent the spread of COVID-19 at its facility or it failed to provide residents who contracted the illness with the proper level of care, please call 954-566-9919 to speak with one of the dedicated Florida coronavirus (COVID-19) exposure lawyers at Boone & Davis about your legal options.


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