Charleston, SC asked in Elder Law, Nursing Home Abuse, Personal Injury and Wrongful Death for South Carolina

Q: My father was in an expensive nursing home in Massachusetts -- a nurse gave him Covid 19 and he died, can we sue them?

4 Lawyer Answers
Michael Brevda
Michael Brevda
PREMIUM
Answered
  • Nursing Home Abuse Lawyer
  • Boca Raton, FL

A: I am sorry for your loss. My firm is currently investigating multiple cases involving COVID-19 deaths in long term care facilities. We are finding that some facilities failed to follow basic infectious disease protocol and violated the standard of care in allowing sick people to interact with vulnerable residents.

You should consult with a local nursing home abuse attorney that specializes in elder abuse claims. Have the lawyer analyze whether the facility took reasonable measures to stop the spread of coronavirus. Further, you should research whether Massachusetts has passed a civil immunity bill for nursing home negligence.

I am sorry again for what you are going through. Please be safe.

Michael Brevda

Senior Justice Law Firm

Carole Jean Hayes agrees with this answer

Carole Jean Hayes
Carole Jean Hayes
Answered
  • Greenville, SC
  • Licensed in South Carolina

A: I am very sorry to hear of your loss. I agree with the other answer but I also wanted to share that you need to find an attorney as soon as you can, after doing your due diligence. You are going to need to subpoena a lot of documents and talk to the witnesses and get their deposition before their memory fades. There is no real benefit in waiting as you can always amend your complaint. The complaint and the filing of the complaint will allow your attorney to do the necessary discovery and depose the witnesses etc.

1 user found this answer helpful

Peter N. Munsing
Peter N. Munsing
Answered

A: I'm sorry to hear about the double tragedy. Let me know where the nursing home is etc and I can put you in touch with an attorney in that county or nearby who can look into it further. As Mr. Brevda has noted, a lot depends on what happened. Hopefully the state health department looked into it. So for starters, in a very non-accusatory way, you need to contact the health department. You are looking for answers is your mantra, answers that can help you and help others. Don't mention claims. Likewise on social media, you need to talk if you do at all in generalities not in specific accusations. Feel free to call my numbers. You will get my answering service and they will take a message or put you through.

I would suggest that you may at some point find it useful to process this with a grief counselor. Methods like eft and EMDR can also be helpful.

Peter N. Munsing
Peter N. Munsing
Answered

A: of interest: note the following:

https://www.medicareadvocacy.org/cms-to-require-transparency-regarding-coronavirus-in-nursing-facilities/?emci=7ec6c659-9785-ea11-a94c-00155d03b1e8&emdi=3318489b-a085-ea11-a94c-00155d03b1e8&ceid=7480474

All the best

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