As COVID-19 Cases Rise In Nursing Homes, Many Wonder If They Can Sue

Florida has reopened, people have gone back to work and for many, the worst of the pandemic is finally over. Unfortunately, the same cannot be said for all areas around the state. According to a new report released by AARP, Florida has .63 COVID-19 cases for every 100 nursing home residents. That may not seem as bad as the crisis that faced nursing home residents in the beginning of the pandemic, but it is still one of the highest rates in the country.

For those with loved ones in a nursing home that contract the disease within a facility, the news is alarming. The elderly are most at risk for complications due to the virus and many people are wondering if they can sue if their loved one becomes sick. Like most legal questions, the answer is that it depends.

The Shocking Numbers on COVID-19 in Florida Nursing Homes

According to the AARP data, there has been a significant increase in COVID-19 cases in Florida nursing homes. The data shows:

• The rate of COVID-19 currently in the state’s nursing homes is much higher than the national average of .4 cases per 100 residents.
• Florida’s rate of COVID-19 cases recently matched the national average, before spiking to .63 COVID cases for every 100 residents.
• Florida’s high case rate ranks the state as 11th in the country, meaning there are only ten states that have higher rates of COVID-19 in nursing homes.
• Almost half of the nursing homes within the state continue to report new cases of the virus found among staff members.

Clearly, the nursing homes in Florida are not quite through the worst of the pandemic just yet.

Can You Sue if a Loved One Contracts COVID-19?

It may seem clear to loved ones that if a resident contracts COVID-19 in a nursing home, they can file a claim against the facility to recover damages. This is not always true.

Filing a nursing home abuse claim is always challenging, but this is particularly true when it comes to COVID-19. New laws have made it difficult to sue certain healthcare workers and to be successful with a lawsuit, you must prove that your loved one contracted COVID-19 due to the negligent actions of the nursing home. This is very difficult, particularly if the elder had been leaving the home to go shopping, visit friends and family, or other reasons. The facility may argue that the disease was contracted in these places, and not the nursing home.

Suing a nursing home over COVID-19 does pose some obstacles, but it is not impossible. A Tampa nursing home abuse lawyer can help you prove your claim so your family recovers the fair settlement you deserve.

Call Our Nursing Home Abuse Lawyer in Tampa Today

If your loved one contracted COVID-19 in a nursing home and you believe it was due to abuse or neglect, our Tampa nursing home abuse lawyer at Kohn Law is here to help. Call us today at 813-428-8504 or fill out our online form to schedule a free consultation and to learn more about how we can help.

Resources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html

floridaphoenix.com/blog/aarp-report-covid-19-cases-at-florida-nursing-homes-have-been-on-the-rise/