We have all been impacted by the COVID-19 pandemic in one way or another, and unfortunately more than 100,000 Americans have lost their life due to the virus. The virus has been especially dangerous for senior citizens, making nursing homes a hub of susceptibility. Data shows that nearly 1 in 10 nursing homes nationwide have a reported case of the virus, and while many facilities are doing everything they can to prevent the coronavirus from affecting their residents, not all nursing homes are in compliance with government orders.
If a family member died as a result of the coronavirus and they were living in a nursing home or long-term care facility at the time of their death, there’s a possibility that you could pursue a wrongful death claim based on how the situation unfolded. Below, we explain how we can help you get justice for your loved one.
Wrongful Death From COVID-19 At A Nursing Home
Because the coronavirus is so new and we’re still figuring out all the ramifications of the virus, it’s going to be difficult to prove that negligence and a lack of safety measures contributed to your loved one’s death, but it’s not impossible. If you’re considering looking into this type of claim, the first thing you should do is contact a wrongful death attorney like Dean Margolis.
Dean and the team at Margolis Law Office have worked with families dealing with the wrongful death of a loved one, so we know how to deal with the complexities of such cases. It’s not going to be enough to showcase that your loved one contracted the virus while at the nursing home; you need to go above and beyond to prove that negligence and disregarded safety measures created an environment that significantly increased risk of virus contraction.
This is going to be an uphill battle, and finding the proof you need isn’t going to be easy. In the past when working on nursing home abuse cases, we’ve done the following to help build our case against the facility in question:
- Interview current and former staff members
- Interview current and former patients
- Interview loved ones who visited the facility
- Review video recordings
- Review diaries or personal statements made by the deceased before their passing
- Review photographs of the facility
We also have more avenues to pursue when it comes to how the facility responded in the wake of the coronavirus pandemic, but again, these won’t be easy to prove. The government has mandated how facilities are supposed to care for their patients during the pandemic, by taking measures like frequent disinfecting of all required surfaces, mask and glove wearing by employees, visitor limitations and restricting entry to, visitor, staff member or potential new resident who has symptoms of the virus.
If routine health checks were not being made and your loved one suffered, you have a right to pursue a wrongful death claim against the nursing home. We’ll collect as much evidence as possible, put together a strong case and determine your best avenues for collecting a compensation award. We’re all in uncharted territory when it comes to dealing with this pandemic, but nursing homes still have a duty of care to their residents, and if they fail to meet their obligations, you have the right to bring a lawsuit.
If you’re interested in pursuing a wrongful death claim against a long term care facility or nursing home in Minnesota, or you have questions about whether or not you may have a valid claim, reach out to Dean and the team at Margolis Law Office today for more information. Call us at (952) 230-2700.