Nursing homes must take reasonable efforts to prevent the spread of infectious diseases, including coronavirus. If a facility breaches that duty, and a resident contracts coronavirus as a result, then that resident’s family may bring a lawsuit against the facility.
An experienced nursing home lawyer can determine whether coronavirus in your loved one’s facility was the result of negligence.
If your loved one passed away due to coronavirus in a Georgia nursing home, then you have questions. Our hope is that you can find answers here. We are also a short phone call away. So, please feel free to call us any time for a free consultation (678) 823-7678.
Why choose use as your coronavirus nursing home lawyer? Because all we do is represent nursing home residents. That dedication and experience can help you and your family.
Yes, if a resident contracts the coronavirus due to the negligent actions of the nursing home, then the resident or resident’s family can sue the facility.
But how is a nursing home negligent in preventing the coronavirus?
Nursing homes commit negligence when they violate infection control protocols set forth by the Centers for Medicare and Medicaid Services and by the Georgia Department of Community Health.
Nursing homes are highly regulated by Federal and State guidelines. Why? Because seniors with chronic conditions are the most vulnerable to infections. In fact, the coronavirus is most deadly among seniors over the age of 65.
Here are the infection prevention regulations currently in effect for Georgia nursing homes:
The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.
[Nursing Homes] shall have a microbial and infection control program. Policies and procedures for infection control shall be written, assembled and available to all staff members. Procedures shall be specific for practice in the home and shall be included in the training of every staff member.
There are many ways in which a nursing home may be negligent in preventing coronavirus under the regulations.
A successful lawsuit requires a showing that nursing home negligence was the direct cause of your loved one’s contracting of the coronavirus.
Just because your loved falls ill does not automatically mean there is a claim. The coronavirus can spread very easily. The infection spreads person-to-person or by contact with infected surfaces. In short, even if the nursing home does everything required under the law, the coronavirus may spread.
There are two primary components to every case brought against a Georgia nursing home due to injury from coronavirus:
You cannot bring a claim without both of these elements. In other words, having one is not sufficient. There must be proof of both in order to win.
All lawsuits alleging injuries from coronavirus will require proof of negligence and causation. A coronavirus nursing home lawyer can find that proof.
While we are still in a “new era” of coronavirus litigation, here are some key examples of evidence.
Suing a nursing home for negligently handling the Covid-19 pandemic requires an experienced trial lawyer. In many ways, a coronavirus case is different than many other types of nursing home negligence cases. Here’s how:
An experienced nursing home lawyer can evaluate whether you have a case. Feel free to give us a call. Our consultations are always free.
According to Federal law, all nursing homes are required to implement “prevention and control programs” to reduce the transmission of infectious diseases. The program must include the following:
As of March 13th, 2020, CMS has instructed nursing homes to do the following:
According to Georgia law, nursing homes are required to train all staff on the following:
Prevention of spread of infection from personnel to patient: Any person whose duties include direct patient care, handling food, or handling clean linen, and who has an acute illness such as “strep” throat, or an open sore or boil, shall not be allowed to work until he is fully recovered;
Prevention of spread of infection from visitors to patients;
Prevention of spread of infection from patient to personnel or other patients: Isolation techniques to be observed according to the source of infection and the method of spread;
Reporting of communicable diseases as required by the rules and regulations for notification of diseases which have been promulgated by the Department.
Typically, two claims exist when a resident dies due to the negligence of a nursing home. The first is a claim for “wrongful death” brought by the family. The second is a claim for personal injury brought by the Estate of the deceased resident.
In short, just because someone has passed away does not mean that there is no claim. That’s why it important to hire a coronavirus nursing home lawyer to evaluate your case.
The only compensation allowed under Georgia law is monetary damages. In other words, a jury will not direct a nursing home to stop an action or require them to shut down by order of the court. Money is the only award the law allows to make an injured resident whole.
What kind of compensation is a jury (or arbitration panel) allowed to award?
In a wrongful death claim, a jury can render damages for “the full value of life.” This includes “intangible value,” or the worth attached to living life. Watching a sunrise, sharing a beer with a lifelong friend, hearing a family story retold, and watching children interact with grandchildren. In other words, the value of being present at just one more Christmas dinner with the family? The jury is required to put a monetary value to this.
In an Estate claim, the jury awards money damages in compensation of the resident’s pain and suffering, as well as related medical bills and funeral expenses.
There are no coronavirus verdicts at this time. Nearly all settlements and arbitration awards are confidential. As such, data for these cases are scarce.
Still, nursing home wrongful death claims may range from a few thousand to several million dollars. There are many, many variables that determine case value. So, no attorney can provide an estimate without taking into account all of the facts of a particular case. However, there tend to be some facts that add or subtract to value.
The statute of limitations for nursing home neglect in Georgia is two years. However, there are some instances that may shorten or lengthen that time period.
Still, it is important not to wait. Cases for malpractice against nursing homes require additional obligations. Before filing, an expert must provide opinion in the form of an affidavit declaring at least one act of negligence. Often, this is a long practice. That’s why it is important to speak with a lawyer quickly.
The time it takes to resolve a case depends on the facts of the case and the family’s intention. A case can take anywhere from 18 months to 3 years to get to trial. Arbitration may take slightly less than that. Negotiated settlement can occur anywhere along the way.
We handle the case at the direction of the family. This means that if the family prefers to settle the case, then we settle. If the family wants to take the case to trial or arbitration, then we do that. All the while, we advise the families on their best options in terms of case value along the way.
There are multiple defendants in a typical nursing home neglect case.
There are over thirty thousand lawyers in Georgia. Not all lawyers are suited to sue a nursing home for abuse. It may take time to find a coronavirus nursing home lawyer.
But how do you know which lawyer to hire?
Ask the attorney:
Ask the attorney:
Ask the attorney:
If your loved one passed away as a result of nursing home abuse or neglect, you are likely experiencing a wide range of emotions: anger, guilt, sadness. Please know that we are there for you. We hope that this website is helpful for you.
If you would like a free consultation with a Georgia coronavirus nursing home lawyer, please call use at (678) 823-7678.