Covid-19 (Coronavirus) nursing homes deaths will lead to lawsuits.

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Covid-19 Outbreaks Hit Assisted Living and Nursing Homes

Sadly the number of Covid-19 (Coronavirus) deaths across the U.S. in nursing homes and long-term facilities continues to climb at rapid rates. Currently there are 15,600 nursing homes in the U.S. Close to 70 percent of these are run by for-profit companies, with 57 percent run by chain companies.

On May 1, 2020 there were 16,000 confirmed deaths in senior care facilities, assisted living facilities, retirement and rehabilitation facilities. As of May 19, the number has exploded to 30,130 nursing home deaths in 35 states. This number represents one-third of all US Covid-19 deaths.

Did your family member contract Covid-19 while in a professional care facility?

If an infection occurred and was not properly managed or contained, please make a claim inquiry now.

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Because of the high number of deaths in these long-term facilities we expect to see a steady stream of wrongful death lawsuits starting now and continuing throughout the entire U.S. for many years.  

Not only are the residents at risk, but also the staff members as well. Staff members routinely visit different resident’s rooms, and if one staff member has Coronavirus and is non-symptomatic they could spread the virus without knowing it. There have been numerous reports of staff members dying from Covid-19 after being exposed at work.

If you know or have had a loved one die at a long-term care facility, nursing home, assisted living facility or a rehabilitation facility from Covid-19 (Coronavirus) please take action by calling us to help others in nursing homes to avoid this tragedy.  We’re here to support you during this trying time.

What States have the highest number of nursing homes deaths from Covid-19?

This is a difficult number to attain since many states are not reporting the numbers to their government agencies or the media. This is possibly due to either privacy concerns or exposing themselves to wrongful death lawsuits.  

However some states have been reporting and updating Covid-19 related deaths in nursing homes. These states include: Colorado, Illinois, Maryland, Nevada, New Jersey and South Carolina.   

Some states are only providing information of Covid-19 cases in their facilities, but not deaths. These include: California, Massachusetts, Michigan and Ohio.

In a recent New York Times article published May 9, 2020, they reported: “In 14 states, the number of residents and workers who have died accounts for more than half of all deaths from the virus.” Source link below. 

Why are so many residents dying from Covid-19 in nursing homes?

It’s mainly because of the close confines of nursing homes. Possible overcrowding can also be a factor and lack of proper cleaning of surfaces and common areas. These vulnerable seniors are at a high risk of exposure and death, especially if the resident has underlying health issues.

There are a number of reasons why long-term care facilities, including nursing homes, are at high risk. It’s a matter of both time spent in the confines of the nursing home, and amount of people (staff & residents) in the facility.

According to the CDC, the fatality rate is highest for patients 85 and older, ranging from 10% to 27%, and 3% to 11% for those 65 to 84.

While doing research for this article, we found a blog post from Erin S. Bromage, Ph.D., an Associate Professor of Biology at the University of Massachusetts Dartmouth.   This post has been viewed by millions since being published on May 6th.

In one section of his article he spells out the risk of contracting Coronavirus in restaurants. Here’s the excerpt:

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The above perfectly illustrates what can take place in nursing home and long-care facility dining halls, self serve buffets, and food halls.  It’s the overall close proximity to others plus the time spent dining that can put people at risk.

How do nursing homes spread Covid-19?

It’s not just the dining halls and buffets that present a problem at long-term care facilities.

Medical rooms in nursing homes, if not properly cleaned and maintained can also be vectors of contagions. Shared bedrooms, key pads on doors, community bathrooms, break rooms, gaming areas, shared laundry facilities and onsite gyms can all be points of exposure. 

Are the nursing homes and staff members taking precautions to prevent the spread of Covid-19?

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Yes, many nursing homes are now taking action by following new CDC guidelines, updated May 18, 2020, and to provide PPE (Personal Protection Equipment) to their staff members; however this may a bit late if the nursing home has already had the Covid19 virus in its facility. The ability of this virus to survive long periods of time on different surfaces makes the novel coronavirus very “sticky”. 

Can I Sue a Nursing Home for a Death due to Covid-19?

The short answer is yes you can, for now at least. If you’re unfortunately asking this question because you lost someone in a nursing home or long-term facility from Covid-19 please call us direct for answers at 1-800-631-5656. We can help determine if you have a Covid-19 nursing home lawsuit case.

Nursing Homes Fight Back against Covid-19 Lawsuits. 

Since this pandemic has wreaked havoc on long-term care and nursing homes, this for-profit industry is taking drastic actions to protect themselves from liability and wrongful lawsuits. Six states so far have pushed their states to provide some level of immunity from coronavirus lawsuits, which fall under wrongful death or personal injury lawsuits.

Massachusetts and New York now have laws that offer immunity to these facilities. The state Governors of Connecticut, Georgia, Michigan and New Jersey also have executive orders that block lawsuits.

As for any law, it’s all in the wording. For example in Illinois, the order refers to “health-care facilities”, so does that mean nursing homes?

Covid-19 nursing home lawsuits

It’s confusing for those people who rightly want to file a nursing home Covid-19 lawsuit, so it’s best to seek legal consul for answers about your state. Find out by calling us at 1-800-631-5656.  

There are 6 more states asking their elected officials for protection.

This puts patient advocate groups on high alert worrying that nursing homes and long-term providers that have records of abuse and negligence could be left off the hook for liability.

Many nursing homes have already shown lack of concern in dealing with Covid-19 deaths by not notifying family members of a death.

So far these businesses have cited “privacy concerns” as to why they don’t notify the family when a Covid-19 death has happened. We find this completely absurd and wrong.

Federal officials in April announced new rules “requiring nursing homes” to report all Covid-19 cases. This is a step in the right direction, and we applaud these officials.   

We fear that if Covid-19 nursing home lawsuits are either nullified or not allowed to proceed, many will suffer at the hands of for-profit unscrupulous companies and owners of nursing homes and long-term facilities. 

What states have the most nursing homes?

From data obtained from various state health departments for April 2020 shows the states with the most nursing homes are as follows:

  • California, 191 nursing homes
  • Washington, 137 nursing homes
  • Texas, 195 nursing homes
  • Illinois, 213 nursing homes
  • Pennsylvania, 157 nursing homes
  • New York, 452 nursing homes
  • Massachusetts, 159 nursing homes

Can I File a Covid-19 Nursing Home Lawsuit in my State?

Since some states are pushing back to protect nursing homes and long-term care facilities from Covid-19 litigation and lawsuits, please call us and we can get your facts and then determine how to proceed.

We will fight the good fight and protect those families that have tragically lost a loved one in a nursing home from coronavirus. If you have questions about filing a Covid-19 nursing home lawsuit, please contact us today, we’re here to protect your rights. Please call us at 1-800-631-5656 or use the secure contact form on this page.

Sources:

https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm

https://www.cdc.gov/coronavirus/2019-ncov/hcp/long-term-care.html

https://www.nbcnews.com/health/health-care/nursing-home-industry-pushes-immunity-lawsuits-during-coronavirus-emergency-n1192001

https://www.nytimes.com/interactive/2020/05/09/us/coronavirus-cases-nursing-homes-us.html

https://www.erinbromage.com/post/the-risks-know-them-avoid-them