What has become the technical name for the global pandemic we are all facing is Covid-19. If you believe that a loved one acquired Covid-19 and died because of negligence and carelessness of a healthcare worker then you may be able to pursue a wrongful deal claim.
As we have all learned as we have gone through this pandemic is those who are the most vulnerable in the population are the elderly, nursing home residents, individuals with underlying medical problems, and essential workers. Certain essential workers that had to work through the pandemic have become infected with the virus. A large number of these frontline workers along are mindful of their heightened risk. Some of these workers were exposed to Covid-19 as a result of the negligence of their employer in not taking proper precautions to protect their employees. Some didn’t follow the appropriate CDC guidelines or implementing specific protocols. If someone you loved died because these procedures were not enforced or followed then you may have the basis for a wrongful death case.
Specific Acts of Negligence Performed By Employers
When it comes to specific acts that an employer could commit that would make them liable for wrongful death would be:
- Failure to provide sufficient warnings about the heightened risk of infection
- Failing to provide workers with personal protective equipment (PPE)
- Failures to implement protective measures in the workplace, such as social distancing and mask requirements
- Failure to implement daily wellness screenings such as temperature checks
- Failure to enforce a policy of staying at home if the individual shows any symptoms
- Not using disinfectants and/or failure to clean work areas
- Not providing employees with additional preventive measures, such as hand sanitizer.
- Failure to promptly notify employees about coworkers who tested positive for Covid-19
Nursing Home Situations
Because of the vulnerability in nursing homes, operators of these facilities and other assisted living facilities have a responsibility to the care of their residents. Some of the steps that must be followed as a way to ensure the safety of their residents include:
- Isolating infected residents
- Continually screening visitors and staff
- Closing access to common areas
- Following the best practices for disinfecting
- Training, implementing, and enforcing the best hand hygiene practices
- Using alcohol-based hand sanitizer and wearing PPE when providing resident care
- Following containment protocols
- Enforcing policies for caregivers and ensuring they stay home or go home if not well
Filing A Wrongful Death Claim
If your loved one died because of the negligence of a health care facility during Covid-19, you may be able to pursue a wrongful death claim. A spouse, the surviving child, surviving parent or guardian, or personal representative of the estate may be entitled to pursue a claim.
Call us today if you believe your loved one died because of someone else’s negligence. At McMahon Kublick, PC in Syracuse would like to sit with you for a free case evaluation.