San Diego Nursing Home COVID-19 Lawsuits Lawyer

WHY ARE NURSING HOMES AND LONG-TERM CARE FACILITIES AT A HIGHER RISK FOR OUTBREAKS OF COVID-19?

Over the last several months, the United States, along with the rest of the world, has suffered tremendously as a result of the outbreak of COVID-19. Because this virus is novel, very little research exists and much about it is unknown. However, amidst all of the unknowns, changing information, orders, and public recommendations, one aspect of the virus has remained constant:

“Based on currently available information and clinical expertise, older adults and people of any age who have serious underlying medical conditions might be at higher risk from severe illness for COVID-19.

The death rate is between 10 percent and 17 percent for people 85 and older, and 3 percent to 11 percent for people age 65 to 84.

Sometimes called “skilled nursing facilities” (SNFs), “nursing homes,” “rehabilitation centers” “convalescent hospitals,” “assisted living facilities,” or “long-term care facilities,” these facilities provide a variety of medical and personal care to chronically ill persons, older people and people who are unable to manage independently in the community. Over 4 million Americans each year are admitted to these facilities and over one million persons reside in them.

In other words, these facilities care for a vast number of Americans who fit the precise demographic most vulnerable to severe illness from COVID 19.

“Given their congregate nature and residents served (e.g., older adults often with underlying chronic medical conditions), nursing home populations are at the highest risk of being affected by COVID-19.”

However, the serious risk of an outbreak in these facilities goes beyond the patient demographics alone. Other factors include:

• The nature of the interactions between patients and staff—frequent, intimate interaction including help using the restroom, feeding, getting in and out of bed, etc.
• High numbers of patients and staff living and working in close quarters, congregating in dining halls and activity rooms
• Visitors who come to see patients in the facilities who may not have been properly screened
• Physicians, nurses, and staff who provide care at multiple facilities
• Chronic understaffing and staffing turnover
• Staff caring for and moving from resident to resident without adequate protective equipment
• Patients with dementia who are unable to accurately report symptoms, understand or abide by isolation/distancing guidelines, etc.
• Physical infrastructure of dated facilities, which pose challenges to disinfecting, distancing, isolating, and quarantining residents

While several of the above-listed factors may have changed in recent months, some are simply impossible to avoid, and unfortunately, the damage has been done.

WHAT RIGHTS DO RESIDENTS OF NURSING HOMES HAVE?

Nursing home residents have the right to receipt of proper medical care, treatment with respect, and to be free from verbal, sexual, physical and mental abuse, neglect, and any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition. A nursing home that participates in the Medicare program offers certain guaranteed rights and protections under statute. If a nursing home is not regulated by federal statute, rights under state laws will apply to its residents.

INSTITUTIONS HAVE A RESPONSIBILITY TO TAKE PREVENTATIVE MEASURES

Any institution, organization or business that interacts with or operates with groups of people has the responsibility to make sure that their members or staff are not at risk for spreading disease or viruses. This responsibility requires proper training regarding public health risks and concerns, like the COVID-19 coronavirus. This is especially important where the threat of the spread of a disease, like COVID-19, could affect many people and create a cluster of infected persons.

An institution’s, organization’s or business’ failure to provide proper care, safety measures, policies or training may rise to the level of negligence or gross negligence if that breach of duty leads to a cluster of infections. This negligence or gross negligence may give rise to a lawsuit—where all of the victims, or injured persons, join together to hold the institutional wrongdoer accountable for their actions.

DO I NEED TO HIRE A LAWYER?

If you would like to pursue any monetary damages for your or your loved one’s injuries from coronavirus, you should hire a lawyer to prosecute your claims. This case is not a class action and you will need to file a separate lawsuit to preserve your rights. With so many nursing home residents affected locally, we expect many potential litigants to come forward to hold these nursing home facilities accountable for their actions. To make sure you get accurately and fairly represented learn how you should select your personal injury attorney before making your decision.

WHAT WILL A COVID-19 NURSING HOME LAWSUIT COST?

Gomez Trial Attorneys offers you a free consultation. Additionally, our law firm works on a contingency fee basis which means we are paid if, and only if, we are able to recover money for you. We advance all costs and are paid through a percentage of your ultimate recovery. If we are unable to recover money on your behalf, you will owe us nothing.

HOW CAN I FIND OUT MORE ABOUT THE COVID-19 NURSING HOME LAWSUIT?

You can call us at 619.237.3490 or email us through our contact page. We would be happy to speak with you about the lawsuit and find out more about your own experience at Reo Vista Healthcare Center, Avocado Post-Acute, Victoria Post-Acute Care and Windsor Gardens Convalescent Center of San Diego.

GOMEZ TRIAL ATTORNEYS – COMMITTED TO OUR CLIENTS AND OUR COMMUNITY

As a law firm, Gomez Trial Attorneys is committed to a set of established core values. Two of our core values come especially into play during the current coronavirus pandemic: “we always do the right thing,” and “we improve our communities.”

At Gomez Trial Attorneys we are doing everything we can to help stop the spread of coronavirus and ultimately, save lives. While we remain open for business and working hard for our clients, our attorneys and staff are working socially-distanced in our offices or remotely from home. As a business, taking these proactive and preventative measures to prevent the spread of COVID-19 is our responsibility.

At Gomez Trial Attorneys we strive to be leaders in our community and encourage all of our potential clients, clients, friends, and family to #STAYHOME to stop the spread of coronavirus COVID-19. We applaud businesses, institutions, and organizations that are taking proactive preventative measures to avoid causing clusters of newly infected persons.

* This article cites data current as of July 19 and July 23, 2020

Gomez Trial Attorneys
655 West Broadway, Suite 1700
San Diego, CA 92101
Phone: (619)-237-3490