The COVID-19-related state death toll in Delaware was last calculated at 35 on Sunday, including individuals from 33 to 96 years of age. Increased measures to reduce the spread in Delaware include Governor Carney’s order authorizing any state law enforcement officers to stop vehicles displaying out-of-state tags driving within the state, and federal health regulators who are expected to push the nursing-home industry to inform residents, their families and staff quickly when facilities confirm Covid-19 cases.
Delaware nursing home residents meet the criteria of the population that COVID-19 has the most negative health impacts on, those who over age 60 with chronic medical conditions, including weakened immune systems that can provide a petri dish for dangerous communicable diseases to grow and spread, elevating health outcomes to include the possibility of death. Facility management should take all precautions to reduce the spread by engaging in isolation techniques minimizing crowds in common areas with shared resources, including staff members and equipment. COVID-19 has most recently evolved from a virus spread in certain species of animals to a virus that can take host in humans and spread through coughing, sneezing and close contact between people.
Duty of care.
A duty of care is owed to residents of Delaware nursing homes in accordance with state and federal laws stating that “each resident shall receive care that meets professional standards of care.” Nursing home abuse involves acts of negligence that cause, or exacerbate existing health conditions or place residents in danger. Breaches in professional standards may include deviations from facility cleanliness, staff hygiene and administrative infectious disease protocols, leaving residents at risk and might be considered acts of unintentional negligence. If you, or a frail loved one suffered injury, or death from the mishandling of infectious disease protocols, or became sick due to sustained exposure to other sick residents, you may be entitled to compensation from the facility where the illness originated. Contact a personal injury attorney who specializes in nursing home laws in Delaware.
A wrongful death action can be brought forth in Delaware when a person’s death is caused as a direct result of neglect or carelessness by another party. Negligence would need to be proven. Infection control in nursing facilities is governed by the Department of Health and Human Services through state and federal laws and outlines situations when infected residents should be isolated away from healthy residents.
Statute of limitations.
Delaware’s statute of limitations for wrongful death claims is two years from the date of the decedent’s death, with reasonable support that a defendant’s negligence or intentional action played a role in causing the death. An experienced attorney can assist with determinations of legal action based on the individual case.