The devastating effects of COVID-19 have left their mark on households and businesses around the world. No one has escaped its destructive impact, and many families and communities across the Commonwealth are struggling with the sudden and grievous loss of life brought about by this terrible disease.
One of the hardest-hit communities in Kentucky has been the elderly, particularly in nursing homes and care facilities. While many nursing homes are doing an excellent job complying with the state’s directives and the Centers for Disease Control and Prevention’s (CDC) recommendations for containment, others have fallen decidedly short.
If your elderly loved one passed away from COVID-19 while in an assisted living facility, you may be able to hold the nursing home accountable. Consider consulting with a Kentucky nursing home coronavirus lawyer to discuss your legal options. A knowledgeable nursing home abuse attorney will investigate the circumstances surrounding your loved one’s death, and determine whether the assisted living facility can be held accountable.
LET OUR TEAM HELP YOU SEEK JUSTICE.
Nursing home facilities owe a specific legal obligation to their residents to take reasonable measures to ensure their proper care, safety, and well-being. If a nursing home facility and its employees are negligent in following through with this duty, they may be legally liable if a resident is injured or dies.
Per CDC guidelines, social guests are prevented from entering a nursing facility to visit a resident. The guidelines also require proper social distancing by prohibiting group meals and gatherings. Nursing home staff must also regularly check residents for signs indicating a COVID-19 infection, and receive adequate training. Nursing homes are also required to make every effort to limit the exposure of elderly residents, which means that only crucial medical workers and staff should be allowed to enter nursing facilities in most cases.
Care facilities must ensure that essential staff reporting for work are up to date with the latest CDC guidelines and instructed to call in sick if they begin to exhibit any symptoms of illness. Even if just one employee comes to work sick, the virus can quickly spread like wildfire throughout the facility. The CDC also recommends an extensive list of critical medical supplies that nursing home facilities should keep in every resident’s room to help limit the spread of infection.
Tissues and face masks must be readily available, and every resident should have hand sanitizer accessible in their room. The nursing home facility must also ensure their staff has the necessary Personal Protective Equipment (PPE) when coming in contact with patients, including face masks, gloves, gowns, and protective eye gear.
When a nursing home resident dies due to COVID-19 and their family suspects the facility did not take adequate containment measures, an experienced attorney should be consulted to discuss whether legal action may be warranted.
Monetary compensation will never make up for such a devastating loss, but if the nursing home did, in fact, fail to uphold their duty of care, they should be held legally accountable.
In Kentucky, most wrongful death lawsuits have a one-year time limit, which means the law provides up to one year from the date of a nursing home resident’s death to pursue damages. The process of investigating a nursing home’s alleged negligence in a COVID-19 death is complicated, so contact a skilled nursing home coronavirus attorney as soon as you can so they can begin to investigate your potential claim.
If a nursing home fails to use proper measures to protect its residents from COVID-19 and a patient dies from the illness, the nursing home may be liable for wrongful death. An attorney can help a family who has lost a loved one due to COVID-19 recover compensation for their loved one’s healthcare costs and burial expenses, as well as the mental anguish and emotional trauma resulting from the family member’s death.
If you think you have a viable legal claim, you should speak with a Kentucky nursing home COVID-19 attorney as soon as possible. We have experience helping families seek justice for their loved ones. We are here to help. Call today to schedule a consultation.
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