Nursing Homes and Coronavirus: When Exposure Equals Negligence

Most Americans were unprepared for a worldwide pandemic the size of the COVID-19 event. Nursing homes and other senior care facilities became especially vulnerable. Public health officials shared warnings about the vulnerability of the elderly and the ill to the ravages of the condition. Despite this, many elderly individuals under professional care still suffered.

A pandemic does not take away the rights of the families that lost a loved one under medical care in a nursing home. Families need to understand how the facility may have contributed to the loss. Some deaths were likely unavoidable, but others may signal neglect.

Involved from the Start

The involvement of senior care facilities in the COVID-19 outbreak in the United States started immediately. The first death in the U.S. took place in Washington State. The patient that died was not a resident of a nursing home, but he died at a hospital that simultaneously took care of a nurse and a resident from a nearby long-term care facility.

The resident of the facility succumbed to the illness while at the hospital. News reports a few weeks later show that the staff at a nearby facility assumed their residents were suffering from a severe influenza outbreak. A few days and 29 deaths later, it became obvious how easy COVID-19 could spread in a nursing home.

Failure to Take Action

It may seem understandable that at the first affected facility the staff was taken by surprise by the pandemic. However, senior care homes were still vulnerable to outbreaks weeks later. By mid-April there were at least 5,670 deaths in long-term care facilities in 24 states around the country and 39 states reported patients suffering from the condition.

Health officials in Texas noted that 16 percent of their nursing facilities had coronavirus patients at this point. The numbers in Texas, and across the country were possibly underreported. The State of Texas, the federal government, and some nursing facilities would not share any information about nursing home deaths.

Treatment of Patients Flawed

There are many questions people have about the death of their loved one from coronavirus while at a senior care facility. Families need to know if the staff did all they could to protect the patient or if the patient died due to neglect. Careful research needs to check certain points, such as:

• Was the staff properly trained in the control of infectious diseases?
• Did the nurses seek medical care for patients early enough in the illness?
• Did the caregivers spread the disease due to a lack of protective gear?
• Was the facility understaffed with too-few registered nurses on site?
• Had the facility preciously received citations for poor infection control?
• Did workers caring for patients with the virus also have contract with uninfected residents?

Problems in Texas Facilities

Between 2017 and 2020, more than 80 percent of all nursing facilities in Texas received citations for poor infection control practices. The citations may prove useful for family members considering a lawsuit. Prior proof of undertrained staff and their enforcement of infection control practices make it easier to prove the facility had a history of neglect.

Research the Case Immediately

The loss of a loved one overwhelms family members, but the research into how the death occurred needs to start early. Delays in collecting information could result in lost information and witnesses. Memories fade and crucial details become lost. All family members need to record their experiences with the staff and save any documentation.

Nursing home neglect affects the most vulnerable people in society as well as everyone that loves them. It is a crime that should never go unpunished. At the Law Office of Janice Maloney , a consultation can determine if your loved one did not get the care they deserved. Contact us today to schedule an appointment.