Americans have the right to make personal injury claims if they fall victim to someone else’s negligence. However, if the victim dies, then their family can pursue a wrongful death lawsuit. Nursing home negligence is one of the many reasons why a family may pursue a wrongful death claim, as the malpractice of nursing home staff can cause elder abuse or neglect.
Since the outbreak of the Coronavirus pandemic, lawyers have successfully proven that nursing home staff were responsible for causing their nursing home residents to contract Covid-19. Here’s how to address a death caused by nursing home neglect and prove that the wrongful death and Covid-19 infection were related.
How to File a Claim for a Nursing Home Death
If you suspect that nursing home neglect caused a loved one to die of a Covid-19 infection, then you should file a wrongful death claim. Reaching out to a trusted law firm will help you get in touch with lawyers who will know how to navigate the complex legal process and help you build your case.
However, understand that wrongful death claims only have a two-year statute of limitations, meaning that you are unable to pursue the case two years after your loved one has passed away. Contacting a law firm sooner will ensure you’ll have enough time to conduct a proper investigation and take the nursing home to court.
What are Grounds for a Wrongful Death Lawsuit?
The foundation for a wrongful death case is establishing a link between the wrongful death and Covid-19. In other words, you must prove in court that the nursing home neglect was the cause of the victim’s passing. There are several ways to accomplish this, such as:
- The nursing home did not provide personal protective equipment.
- Staff members of the nursing home did not wear their protective gear, had hand sanitizer readily available, and did not sanitize surfaces.
- The staff did not have the necessary training to address the outbreak.
- Proper social distancing guidelines were not established.
- Nursing home staff failed to quarantine those who contracted the virus.
- There were not enough staff to handle the outbreak, or there weren’t enough staff adequately trained to handle the Coronavirus.
- The nursing home did not follow the correct state and federal guidelines.
- Everyone who entered the nursing facility, whether patient or guest, was not adequately screened for temperature checks and symptoms by the staff.
- The nursing home did not restrict non-essential visitations.
- Families of the infected were not notified of the Covid-19 infection.
- The nursing home in question did not designate particular staff members to handle Covid-19 patients.
Lawyers who are able to prove that at least one of these errors took place at a nursing facility will be able to create a connection between a loved one’s wrongful death and Covid-19. Additionally, another critical component is providing the date of the wrongful death and the day they were infected with the Coronavirus. By doing so, attorneys can demonstrate that the nursing home staff were negligent at that particular moment, resulting in the wrongful death.
Kozloff Stoudt’s legal team can assist with more than just proving a correlation between wrongful death and Covid-19. From our small business attorneys near Philadelphia to our lawyers who can help out after a motorcycle accident in Berks County, PA, we will provide you with the legal support you and your loved ones need in times of distress.