Are lawsuits supported by Mississippi nursing home transparency in COVID-19 transmission?

Mississippi considers long-term care facilities and nursing homes as high risk locations for COVID-19 transmission, because residents are older and may be in poor health. Even one case of COVID-19 in these facilities is considered an outbreak and the state investigates residents, staff and close contacts of infected individuals for possible exposure. To address the lack of COVID-19 case transparency at U.S. nursing homes and long-term care facilities the Centers for Medicare and Medicaid Services have directed them to report coronavirus cases directly to the Centers for Disease Control and Prevention (CDC), as well as to patients and their families. Current state data reveals daily increases in the number of cases and a death toll of 470 residents at residential facilities in Mississippi to date.

Liability.

Liability may be based on the means of transmission to an individual who suffered or died because of the coronavirus. At the outset of the pandemic a few weeks ago, a large number of U.S. residential facilities took action to reduce visitor, staff, and resident traffic to decrease the spread of germs from the outside community. Protocols already developed to curb the transmission of communicable diseases in residential living facilities through isolation, quarantine and proper disposal of infectious medical waste products were activated. As soon as symptoms of a communicable disease such as COVID-19 are recognized, administration should immediately isolate sick individuals from other at-risk residents to avoid negligent behavior. Contact a personal injury attorney who specializes in nursing home laws in Mississippi for a professional review of a case where measures may not have been taken to protect a long-term care resident from illnesses or death caused by COVID-19, due to the mishandling of infectious disease protocols and/or sustained exposure to other sick residents.

Isolation protocols.

Residents in senior living and long-term care residential facilities are protected from abuse through national standards of care adopted by most state facilities. Measures include safeguards to residents through the use of infection control procedures during routine care and activities of daily living. There is a duty of care owed to residents that identifies nursing home abuse as acts of negligence that cause, or exacerbate existing health conditions or place residents in danger. Deviations from standards of care may be discussed with a legal professional and may reveal poor sanitary conditions involving infectious byproducts that leave residents at risk of a lengthy bout of COVID-19-illness with prolonged medical treatments or result in death.

Compensation.

Compensation may be available for personal injury or wrongful death related to COVID-19 at a long-term care facility. Damages related to costs of associated medical care can include reimbursement for treatment you have already received and compensation for the estimated costs of future medical care resulting from a COVID-19 infection. Other remedies may be available based on individual cases after discussions with experienced legal personnel.

Wrongful death.

A Mississippi wrongful death action can be initiated when a person’s death is caused as a direct result of neglect or carelessness by another party. An experienced attorney can assist with determinations of legal action based on the individual case regarding personal injury or wrongful death.

For help with Nursing Home Neglect Contact

Williams Newman Williams, PLLC

601-228-6722

129B South President Street
Jackson, MS 39201