COVID-19 (coronavirus) is affecting nearly every community in the country. As of April 15th, 2020, the Virginia Department of Health reports that there have been 258 cases confirmed in Virginia Beach, 105 cases confirmed in Norfolk, 97 cases confirmed in Newport News, and 77 cases confirmed in Hampton. Unfortunately, these numbers are expected to rise in the coming weeks.
While all communities must be prepared for the virus, not all people are equally susceptible. Older adults and people who have pre-existing medical conditions are at a heightened risk. Public health experts are especially worried about nursing homes. Here, our Virginia Beach nursing home neglect attorney explains what you need to know about the coronavirus and nursing home liability.
The risk that the coronavirus poses to nursing homes and other long-term care facilities cannot be overstated. It is a life-threatening emergency. The federal government is still not publishing comprehensive data related to coronavirus deaths at nursing homes—meaning we are forced to piece together what is going on based on state & local reports and media stories. In a report published on April 14th, The New York Times confirms that more than 3,800 COVID-19 deaths have already been recorded at U.S. nursing homes—with the single deadliest outbreak occurring in Central Virginia.
Located just outside of Richmond, the Canterbury Rehabilitation & Healthcare Center is a comprehensive care facility with nearly 200 beds. Tragically, it is now the location of the deadliest coronavirus outbreak at any single place in the United States. On March 18th, the first case of COVID-19 was confirmed within the nursing home. At that time, there were approximately 160 residents living within the facility.
Within a matter of days, the deadly virus spread rapidly through the facility. At one point, Canterbury Rehabilitation had only two nurses to look over several dozen COVID patients. The facility, which relies heavily on Medicaid funding, has had issues with staffing. Dr. Jim Wright called the facility “a tinderbox for the match.” Notably, the Associated Press reports that Canterbury Rehabilitation only had a 1 out of 5 rating on Medicare’s nursing home rating system. Tragically, the true figures may already be far higher.
Most businesses will likely not have any liability if a customer gets COVID-19 on their premises. Nursing homes, long-term care centers, and other assisted living facilities however, have a legal obligation to protect the health, safety, and well-being of vulnerable residents. In the time of the COVID-19 pandemic, nursing homes must take proactive measures to prevent outbreaks and stop the spread of the virus. The Virginia Health Care Association (VHCA) has published three comprehensive COVID-19 protocols:
Nursing homes have a legal responsibility to protect vulnerable residents. While there is still a lot that scientists need to learn about the coronavirus, one thing is clear: It is extraordinarily dangerous for many nursing home patients. As this is a well-known fact, it is imperative that nursing homes and long-term care facilities take immediate action to protect people from contracting COVID-19. Nursing home residents are entitled to high-quality, professional care. To summarize:
Every nursing home neglect case requires a comprehensive investigation by an experienced professional. Beyond the COVID-19 protocols, all nursing homes also have a general obligation to provide safe, reliable care to patients. While this is undoubtedly a challenging time for these facilities, it is even more difficult for vulnerable residents and their family members. Safety standards cannot be allowed to lapse during the pandemic. Nursing home negligence could lead to an outbreak that costs many lives
At Barney Injury Law, our Virginia nursing home abuse lawyer is a compassionate, experienced advocate for clients. If your vulnerable loved one was made severely ill or killed after being exposed to COVID-19 in a nursing home, we can help.
To arrange a free, confidential consultation, please contact our law firm today. With an office location in Virginia Beach, we represent individuals and families throughout the Hampton Roads region, including in Chesapeake, Newport News, Norfolk, and Hampton.
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