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COVID-19 and Nursing Home Negligence

COVID-19 and Nursing Home Negligence

In these unprecedented times, the uncertainty surrounding personal injury lawsuits stemming from COVID-19 (Coronavirus) infections remains a very real question. What we do know is that elderly people are the most susceptible to suffering serious infection, personal injury or succumbing to a Coronavirus infection. Like the Middle East Respiratory Syndrome (MERS) and Sudden Acute Respiratory Syndrome (SARS), a Coronavirus infection can leave the pulmonary system severely damaged with visible scarring on the lungs.

Across Canada, and including Alberta, the Coronavirus is sweeping through nursing homes and assisted living facilities causing severe pulmonary infection or death. It is trite law that nursing homes owe a duty of care to their residents. Elderly nursing home residents and residents with underlying health conditions are at an increased risk of severe infection or death secondary to Coronavirus complications.

Nursing homes must take all precautions to prevent the spread of Coronavirus throughout their facilities. Some of these precautions include:

  • Nursing home staff wearing protective equipment
  • Nursing home staff restricting visitors from coming into contact with infected residents and vice versa
  • Nursing home staff practicing proper hygiene
  • Nursing home staff preventing infected or possibly infected staff members and visitors from entering the nursing home.

Nursing homes that do not take the necessary precautions to protect its elderly residents and residents with underlying health conditions, thereby causing severe pulmonary injury or death secondary to contracting the Coronavirus, may be held liable for negligence.

If you or a loved one have contracted COVID-19 as a result of nursing home negligence, contact a knowledgeable lawyer at Law Fifty One LLP to see what options may be available to you in order to claim for compensation.