Can Resident COVID-19 Injuries Be Due To Nursing Home Negligence?

Posted on behalf of Jeff Pitman on April 30, 2020 in Nursing Homes and Elder Rights
Updated on April 25, 2024

nurse with patientAccording to most current reports, the novel coronavirus has the best chance for containment when everyone follows the strict protocols recommended by the Centers For Disease Control (CDC). These requirements are designed to protect everyone, not just nursing home residents. However, the elderly population is among the most vulnerable to this deadly virus, especially because of the underlying health conditions that many suffer.

Nursing homes also owe residents a duty of care to adhere to acceptable standards for qualified staffing, proper medical care, sanitation, nutrition and more. If nursing homes breach this duty of care and a COVID-19 injury, illness or death occurs, the nursing home may be liable. However, in Wisconsin, a new law may make this more complicated.

At PKSD Law, we remain open and continue our fight to protect your loved ones who are residing in nursing homes, especially during this pandemic crisis. We have implemented several ways to schedule and conduct your free legal consultation without the need for an in-person meeting. There is no charge for this meeting, and if we take your case, you pay us nothing unless we first recover compensation on your behalf.

CDC Recommendations for Nursing Homes During COVID-19

The CDC has a number of strict protocols for nursing homes that are designed to help limit the spread of infection. With the onset of the recent pandemic, the CDC put in place some mandatory changes and additions to these protocols to further help reduce the spread of COVID19. These requirements include, but are not limited to:

  • Reduce risk of spreading the virus to patients, staff and visitors at the facility through limiting points of entry to the facility, screening all who enter for fever and other COVID-19 symptoms, and properly sanitizing all medical devices used to care for patients.
  • Require everyone entering the facility to wear protective clothing.
  • Require staff to wear appropriate personal protective equipment (PPE). Nursing homes must provide PPE to staff, as cloth masks are not sufficient protection when dealing with residents.
  • Immediately isolate and quarantine any residents who become symptomatic.
  • Support requirements to have staff stay home if they become symptomatic.
  • Disinfect common and private living areas.

There are many more requirements issued by the CDC in an effort to increase care and protection to nursing home residents, while attempting to limit the spread of the virus. Catching negligence and providing evidence of it amid this pandemic is challenging. However, a nursing home may be liable if these requirements and others were not followed and your loved one fell ill with the coronavirus.

Does New Wisconsin Law Provide Immunity From Negligence?

Many states have provided some form of immunity to health care workers in the past few weeks. In Wisconsin, a law was also recently passed to provide immunity to healthcare workers and facilities, but the language was vague. While clearly excluding injuries due to acts of intent or malice, there was no reference to negligence. Additionally, the wording does not include any mention of COVID-19.

At PKSD, while we support frontline workers and recognize their ongoing heroic efforts to care for those already infected with COVID-19, we are concerned that the language of this new legislation may make it even easier for acts of negligence to go unpunished.

Get Legal Help From Our Trusted Nursing Home Lawyers Today

Our Wisconsin nursing home abuse lawyers are committed to the ongoing pursuit of justice for nursing home residents who contracted COVID-19 due to the negligence of others. If your loved one contracted coronavirus because his or her nursing home failed to abide by CDC guidelines, we are prepared to help you seek justice.

We encourage you to contact our firm as soon as possible. We have multiple methods in place to conduct your free legal consultation while maintaining social distancing requirements. There is no charge for this consultation, nor is there any upfront money required for you to retain our services. You only pay our fees if we achieve a settlement or verdict on your behalf.

Call PKSD Law for legal help today. No face-to-face meeting required: 414-333-3333

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