Recent news reports indicate that although many of new Florida COVID-19 cases consist of younger people, the vast majority of deaths are linked to nursing homes. Florida COVID-19 cases have reached record heights since the state reopened. Unfortunately, this surge may have a deadly impact on vulnerable individuals, such as those older adults residing in nursing homes. In many states, including Florida, nursing homes have been pushing for legislation that provides immunity for COVID-19 related deaths. However, even in states where the bill has passed, the protection has limitations. Individuals whose loved ones contracted COVID-19 while residing in a Florida nursing home should contact an attorney to discuss their rights and remedies.
The Centers for Disease Control (CDC) has stated that these facilities should take steps to prevent the spread of COVID-19 into their facility. Engaging in safe practices could drastically change the likelihood of transmission within these facilities. However, nursing homes argue that they would experience an undue burden if they were responsible for COVID-19 deaths in their facility. As lawmakers address proposed legislation to limit nursing home liability for COVID-19 deaths, many argue that these facilities need more oversight, rather than immunity.
Government Accountability Office (GAO) reports on nursing homes found that over 80% of these facilities had infection prevention and control violations before the pandemic, despite regulatory practices. These violations included conduct that created serious risks to staff and residents. Inspectors found that many of these facilities failed to isolate sick residents and failed to ensure that personnel engaged in proper hand hygiene. Further, over half of the facilities with violations were previously cited for health and safety deficiencies.
Despite these shocking findings, the Centers for Medicare & Medicaid Services (CMS) took minimal measures to improve these facilities’ compliance. As such, it is no surprise that nursing homes across the United States are consistently straddled with high infection rates. However, nursing homes continue to push for legislation that would limit their liability.
Immunity from lawsuits would leave residents and their loved ones little to no recourse for these facilities’ negligence. Further, immunity would impair people’s ability to obtain information about a facility’s infection rate and condition of their loved one. The states that have successfully passed this legislation have limitations for situations where a nursing home engages in recklessness or wantonness. It is important that individuals contact a Florida attorney if they believe their loved one suffered injuries because of the negligence of a nursing home.
Have You or Someone You Know Suffered Injuries Because of a Negligent Florida Nursing Home?
If you or someone you know has suffered injuries or died because of the negligence or recklessness of a Florida nursing home, you should contact the experienced attorneys at Friedman, Rodman, Frank & Estrada. The experienced attorneys at our law firm have had great success representing and obtaining compensation on behalf of Florida injury victims. Florida personal injury cases are all unique and require a thorough understanding of complex laws and legal theories. We possess the skills, resources, and tools to represent clients in their Florida nursing home abuse cases successfully. Contact our office at 877-448-8585 to schedule a free initial consultation with an attorney at our firm.