Holding Missouri, Kansas and Arkansas Nursing Homes accountable during the Coronavirus Pandemic
Throughout the country nursing homes and long-term care facilities have been hit the hardest by the Coronavirus or COVID-19. Government officials estimate that 20 percent of all deaths in the United States caused by the Coronavirus occur in nursing homes. With predictions that over 100,000 people will die from the virus in the county, this can be a very scary and unnerving situation for those of us that have loved ones in a Missouri, Kansas, Arkansas, Benton County, or St. Louis nursing home.
While we are still learning about the Coronavirus, what we do know is that if a single resident, staff or family members brings the virus into the nursing home facility, its residents are in danger. This leaves all of us with concerns wondering if these facilities are following proper protocols and procedures regarding social distancing and prevention of the spread of the virus.
At Bautista LeRoy LLC, our elder abuse and nursing home neglect team will provide advice and facts on what you can be do during this pandemic to protect your loved ones. If you need our help or suspect your loved one's facility may not be in compliance with state and federal guidelines, please give us a call.
Bautista LeRoy LLC can help if someone you love contracted COVID-19 in a Missouri or Kansas Nursing Home
Bautista LeRoy LLC can help if someone you love contracted COVID-19 in a Missouri or Kansas Nursing Home
People over 60 are some of the most vulnerable and hardest hit by the Coronavirus. This was apparent locally in Kansas City, when Riverbend Post-Acute Rehabilitation Center had four deaths and 30 residents/staff infected due to COVID-19. These deaths have led many local leaders and attorneys to press for more transparency from nursing homes and long-term care facilities in Missouri and Kansas.
Individual families are asking what can be done to protect their parents and grandparents in these facilities? Below you will find four key questions to ask each nursing home or long-term care facility director.
- How has the facility kept COVID-19 from entering the facility?
The nursing home or long-term care facility should restrict all visitors, except if someone is dying from an unrelated cause. All volunteers and non-essential healthcare personnel, as well as, barbers and hairdressers should be restricted from the facilities. The facilities should have cancelled all field trips or group vacations. Finally, each facility should actively screen anyone entering the building for fevers or symptoms of COVID-19.
- Has the facility identified infections of the Coronavirus early?
Just as with preventing the virus from entering the facility, actively screening all residents daily for symptoms including fever, respiratory issues, new dizziness or diarrhea is key. Once these individuals have been identified, the facility should have a plan to separate and segregate those individuals. Finally, the nursing home should notify state and local health departments within 24 hours of finding a suspected or confirmed case of COVID-19.
- Once an infection has been identified, what is the long-term care facility doing to prevent the spread of COVID-19?
Once an infection has been identified, the facility should have taken these immediate steps: cancel all group activities; enforce social distancing; ensure all residents where cloth face masks whenever they leave their room; and ensure all healthcare providers wear facemasks while in the facility. Further each resident should continue to be tested for symptoms. For those residents that have tested positive for COVID-19, the nursing home should be talking their temperature and oxygen saturation levels at least 3 times a day.
- Has the facility ensured or created a plan to ensure there is a consistent supply of personal protective equipment (PPE)?
After taking an inventory of all PPE, the facility should have reached out to state or local health departments to request additional supplies, including respirators, facemasks, and eye protection.
If the facility is unable to answer these questions to your satisfaction or if your loved one has died as a result of contracting the COVID-19 virus you need to consult an attorney. You can reach Bautista LeRoy LLC at 479-208-6614. For more questions and tips on how nursing homes should prevent the spread of COVID-19, the best resource is Cdc.gov.
In these times, you should also consider the above questions when looking for a nursing home or long-term care facility for yourself or loved one. Further, Medicare.gov, will allow you to research nursing homes and long-term care facilities in your area with ratings on health inspections, quality measures, complaints and staffing ratios. Social media and online reviews are another valuable resource to see what families and residents have to say about the facility.
Finally, once you have developed a list of potential nursing homes in the Kansas City area, give Bautista LeRoy LLC a call at 479-208-6614. We can research claims filed with the state department of aging and lawsuits against those facilities to help you narrow your search.
Summary
Many nursing homes have been affected by COVID-19 worldwide, raising safety concerns and leaving the families of elderly people anxious. This virus has taken lives inside the facility, which indicates serious issues. Nursing homes must take steps to prevent the rapid spread of COVID-19 in their space. Preventive measures can protect the health of elderly residents and can assure their families that they are taken care of. Here are the things that every family should consider:
- Prevention efforts
- Early detection
- Containment measures
- PPE readiness
However, if your loved one has suffered due to COVID-19 inside a nursing home, as a family, you have the right to pursue legal action. The Bautista LeRoy LLC offers its expertise in handling nursing home cases, including those involving COVID-19. We take these types of cases with compassion and sensitivity as we know being affected by this virus can be truly heartbreaking. Our attorneys are ready to guide families and explain their options without using confusing legal terms. Our goal is to seek accountability and secure compensation for the loss a family or an elderly person suffered.
If you need assistance, contact us through www.bautistaleroy-bentonville.com or call 479-208-6614.
What is a nursing home COVID-19 case?
Families and elderly persons can bring this claim against a nursing home facility that has failed to give proper care to their residents during COVID-19. This legal option can be pursued, especially if a loved one has suffered due to the virus or it cost their life.
Why do these problems lead to lawsuits?
Because it involves a person's health and its spread has been a major concern in a nursing home facility.
- Failure to isolate infected residents
- Not providing protective equipment
- Unsafe hygiene practices
- Delayed medical attention
- Lack of proper staffing
Can a nursing home be held liable for every COVID-19 outbreak inside the facility?
Not every outbreak can prove inadequate care. But if it is proven that the facility has a major failure in following the standards of care or did not act immediately to address early signs, they could be held liable.
What pieces of evidence can be useful in a nursing home COVID-19 case?
The key types of evidence that will be needed include:
- Medical records
- Care plans
- COVID-19 testing records
- Infection control policies
- Employee training records
- Inspection reports
- Hospital records
- Government guidelines
How can an attorney help me with a nursing home COVID-19 case?
An attorney can help families and elderly residents handle the overwhelming process of legal cases. A legal expert can:
- Reviews your case
- Explains your rights
- Gathers key evidence
- Checks facility policies
- Consults experts
- Negotiates settlements
- Represents you in court
