Karlin & KarlinN/a
Regardless of the circumstances, no resident of any nursing home or assisted living facility in California should have to experience abuse or neglect of any kind from the staff members and medical professionals who care for them. Unfortunately, subpar conditions in nursing homes across the State have been known to cause significant harm and, in the worst cases, premature death.
If your loved one recently passed away in a nursing home due to complications from coronavirus, you may have important legal rights that a nursing home neglect attorney could help you take advantage of. While civil compensation could never fully make up for the loss you have experienced, help from a Corona nursing home COVID-19 lawyer could be key to ensuring you can remain as financially stable as possible in the wake of such a horrible tragedy. To learn more, reach out to a trusted injury attorney.
Since nursing homes are responsible for every aspect of the lives of their residents, they are required by state law to ensure that the basic needs, civil rights, and reasonable personal desires of every resident are met at all times. Specifically, Division 5 of the California Code of Regulations Title 22 establishes numerous requirements that “skilled nursing facilities” must provide.
Importantly, liability may extend to nursing home deaths caused by COVID-19, since the standard of care such facilities owe to residents would include taking all possible precautions to mitigate the spread of viral diseases and ramp up sanitation efforts once an infection is identified. According to 22 California Code of Regulations §72321, nursing homes must quarantine patients with infectious diseases in a ventilated room with separate bathing facilities, handle contaminated linens and dishes separately from those used by other residents, and prominently display instructions for these procedures at every nurse’s station.
In light of this, if a nursing home resident dies prematurely because staff members failed to establish or follow these kinds of procedures, their surviving family members may be able to file suit for resulting financial and emotional damages. Talking to a Corona nursing home coronavirus attorney could help clarify the options available in a particular situation.
Under California Code of Civil Procedure §377.60, various immediate family members and heirs may pursue a wrongful death lawsuit against a nursing home on behalf of an elderly loved one who lost their life to coronavirus, with spouses and children taking priority. Through this particular type of claim, plaintiffs may recover for various expenses and personal losses stemming from someone’s wrongful death, including funeral costs, loss of companionship, and loss of moral support.
Punitive damages are not available in wrongful death cases in California, but a nursing home COVID-19 lawyer in Corona may be able to help surviving family members pursue both compensatory and punitive damages through what is known as a survival action. This kind of claim differs from a wrongful death case in that it seeks compensation for economic and non-economic damages a deceased person experienced before they died.
Although the full impact the novel coronavirus will have is not yet known, the consequences it has already brought about have been devastating. If you recently lost a loved one due to this infection’s impact within their nursing home, you are unfortunately all too familiar with how deadly and disastrous a coronavirus diagnosis can be for elderly individuals.
If your family member’s wrongful death stemmed directly from their nursing home’s negligent care, you may be able to pursue civil recovery both on your behalf and theirs. Contact a Corona nursing home COVID-19 lawyer today to discuss your situation and determine what action you could take.