During the pandemic, many states, including the most liberal states in the Northeast that were hit hard in the beginning moved to protect hospitals and other healthcare facilities from lawsuits involving allegations of COVID-19. The rules for every state are different, but most of these temporary laws eliminated the possibility of filing COVID-19 lawsuits against hospitals and nursing homes. Meanwhile, nursing homes contributed more deaths to the pandemic than any other sector as they appeared utterly unprepared for infection-control measures that ought to have been in place prior to the threat.
In a recent case, the families of two military veterans have filed wrongful death lawsuits against a Louisiana nursing home that assured the family that their loved ones would be safe. According to the family, they went to visit their loved one but were turned away due to concerns about the pandemic. They called day after day and were assured the residents were safe. They later found out that their loved one contracted the virus. He would later die.
In Louisiana, nursing home deaths made up 40% of the overall COVID death toll. Within the first two months of the lockdown, the 144-bed nursing home had lost 28 residents to the virus.
Will the lawsuits move forward?
At this point, both lawsuits have passed the medical malpractice review panel that decides whether or not cases are allowed to move forward. In one case, they found evidence of gross negligence and in the other case, ordinary negligence. Review panels can be prickly when it comes to allegations, especially in a conservative state like Louisiana. So getting your case to pass the medical malpractice review panel is a big step in getting the compensation you deserve.
Filing a COVID lawsuit in Florida
In Florida, it’s very easy for a healthcare provider to defeat a COVID malpractice lawsuit simply by establishing that they were in compliance with CDC recommendations at the time. In the case of this state-run nursing home, they were not. Residents were shown congregating without masks in close proximity to one another. It is more than likely that the residents acquired the virus from staff who showed up to work sick.
In both cases, the nursing home would have likely been found to not be in compliance with the prevailing recommendations and hence, the lawsuit would be allowed to move forward.
Talk to a Tampa Medical Malpractice Attorney Today
Palmer | Lopez files medical malpractice lawsuits on behalf of those who have suffered an injury due to negligent medical care or lost loved ones due to negligent medical care. Call our Tampa medical malpractice lawyers today to schedule a free consultation and we can begin discussing your case immediately.
Source:
wwltv.com/article/news/health/coronavirus/veterans-families-claim-medical-malpractice-for-covid-deaths-at-nursing-homes/289-80ba7b2b-c892-4b02-83c3-aa2271ef8fe7
