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The novel coronavirus, or SARS-CoV-2, which causes the infectious disease known as COVID-19, first caused publicly reported outbreaks in the U.S. in nursing homes and other assisted living facilities. COVID-19 has been found to be especially dangerous for persons over the age of 65 and those with underlying health conditions such as diabetes, cardiovascular disease, asthma, and compromised immune systems. Many residents of nursing and veteran homes are both elderly and suffering the underlying aliments that make COVID-19 a more deadly disease. Unfortunately, due to lax or nonexistent infection control protocols, many nursing and veteran homes failed to adequately contain outbreaks of coronavirus in their facilities, leading to large percentages of nursing home residents being infected with and dying from COVID-19
If you or a family member living in a nursing home or veteran home in New Jersey has contracted COVID-19, contact the coronavirus nursing home and veteran home exposure lawyers at Drazin & Warshaw today to set up a no-cost case evaluation. When your infection was due to the negligence or recklessness of your assisted living facility, you may be entitled to compensation.
Nursing homes and veteran homes are required by law to have infection control protocols to help minimize residents’ risk of infection, reduce the risk or rate of disease transmission between and among residents and staff, and reduce the risk of infections in residents arising from the use of medical devices or procedures required as a part of a resident’s care. Nursing and veteran homes should be relying on surveillance of residents’ and staff members’ health, disease prevention protocols, and adherence to protocols by all staff members.
In order to combat outbreaks of COVID-19 in their facilities, nursing homes and veteran homes should be:
When nursing and veteran homes fail to undertake these steps, especially in light of new regulatory guidance, these facilities may be found to be negligent and held responsible when residents are subsequently infected by coronavirus.
Holding a nursing home or veteran home responsible for your or your loved one’s COVID-19 will be a complex task. Facilities may point to the rapid spread of the coronavirus pandemic to argue that no amount of diligence could have prevented outbreaks of infection. You need aggressive, experienced legal representation on your side to uncover whether outbreaks of COVID-19 at your nursing or veteran home were due to the negligence or recklessness of the facility and its staff.
With Drazin & Warshaw on your side, you can expect that our firm will thoroughly investigate the circumstances of your claim and work with industry-leading experts to determine whether a nursing or veteran home’s negligence led to residents’ infections with coronavirus. We will look to discover whether the facility had and properly implemented infection control protocols, or whether corners were cut in the interest of saving time or money or just out of wanton carelessness.
We will work tirelessly to hold negligent assisted living facilities accountable to compensate injured residents and their loved ones for the physical and emotional damages that the devastating coronavirus can inflict on vulnerable elderly populations. We will leave no stone unturned in making sure that you and your family receive the maximum compensation you deserve. Don’t wait another day to begin pursuing financial recovery and justice.
If you or a loved one were a resident of a nursing home or veteran home in New Jersey who has been exposed to or infected with the novel coronavirus, contact the personal injury attorneys of Drazin & Warshaw today to schedule a free, no-obligation consultation to discuss the details of your case and to learn more about your legal rights and options for pursuing financial compensation and how our attorneys can help you maximize the value of your case. With Drazin & Warshaw there are no upfront fees due, and we don’t get paid unless and until we recover compensation for you and your family.
For the elderly residents of nursing homes and veteran homes, COVID-19 can be a particularly lethal disease. Nursing and veterans homes are required by state and federal law to monitor residents for infections and to report possible outbreaks of disease in their facilities. If a nursing home or veteran home fails to implement necessary protocols to identify disease in residents and limit the spread of infections, such as COVID-19, among residents and staff, the nursing home may be liable for damages if a resident is infected with coronavirus.
A lawsuit against a nursing or veteran home may be able to recover compensation for damages the resident may have suffered, including medical expenses to treat a COVID-19 infection, pain and suffering, loss of enjoyment or quality of life arising from long-term disabilities or difficulties or inability to participate in activities or daily pursuits, emotional distress. The family of a nursing home or veteran home resident infected with coronavirus may be entitled to claim loss of consortium or companionship damages. If the resident succumbs to COVID-19, his or her family may be able to seek wrongful death damages. Finally, if it can be shown that a nursing home or veteran home knew of a COVID-19 outbreak among residents and/or staff and intentionally failed to take steps to address the outbreak due to a wanton disregard for safety, the facility may potentially be liable for punitive damages.