It isn’t uncommon for a nursing home resident to contract an infection while residing in a facility as these places are breeding grounds for the germs that keep them alive. Each year, health experts estimate that between one and three million serious infections occur in nursing homes and serve as a major cause of hospitalization and death. Unfortunately, because many of the individuals living in these facilities have weakened immune systems and/or suffer from pre-existing medical conditions, they are more prone to contracting an infection and experiencing severe symptoms.
Now, although nursing home staff members play a major role in keeping infections out of these facilities, they can’t exactly be held liable if an individual contracts one. However, there are times when a family might have a viable case against a nursing home after their loved one contracted an illness such as COVID-19 and passed away as a result of it.
It all comes down to how the facility responded to the illness.
While nursing home workers can’t prevent a nursing home resident from contracting an infection, what they can do is ensure the resident receives the proper treatment based on the symptoms they are displaying. Nursing home workers are expected to follow the policies and procedures that have been put into place not only by their facility but also by their state. Each state has developed its own set guidelines for nursing homes to follow to ensure the health and safety of a nursing home resident is never jeopardized. Aside from following these, nursing homes are also expected to abide by federal regulations as well.
In the event a nursing home staff member failed to follow the policies and procedures that could have potentially saved a nursing home resident’s life after he/she contracted COVID-19, a family might then be able to file a wrongful death lawsuit in Florida against the facility. For example, a FL nursing home could be held liable if it failed to put an infection control program in place or neglected to review it with staff members which resulted in them not knowing how to properly respond to a resident with COVID-19.
A family might also have a valid case against a nursing home that ignored their requests to have their loved one hospitalized after the resident displayed signs and symptoms of COVID-19 and needed immediate attention from a physician. Now, if your loved one recently passed away after contracting COVID-19 and you feel the nursing home failed to take the necessary steps that could have saved their life, contact Madalon Law to speak with a qualified Florida wrongful death attorney.
You can reach Madalon Law at:
100 N. Federal Highway, #CU5
Fort Lauderdale, FL 33301