Failed safety measures.

The shared resources and intimate living spaces of nursing homes have proven to be the perfect setting for communicable diseases, such as COVID-19, to spread like wildfire among the vulnerable elder at-risk communities in New Jersey. Administrative personnel have been charged with instigating updated state isolation protocols, along with other safety-related protocols that protect residents under Federal Regulation 42 CFR sec. 483.25 (h) providing an environment free of hazards with ample supervision and adequate medical treatment to uphold the current medical standards of care. The isolation protocols intend to:

  • Minimize the risks of infection to individuals living in nursing homes,
  • Reduce risk of infection contracted through medical devices utilized in routine daily care,
  • Reduce risk of transmission of infection between residents and nursing home staff,
  • Inform and isolate patients who are found to be infected with communicable diseases.

Disease spread.

The constant flow of staff and visitors entering a facility may have increased the risks of COVID-19 to those closed living quarters, causing unintentional harm to residents.  In addition, deviations from facility cleanliness, staff hygiene and administrative infectious disease protocols may have placed residents at risk and are considered acts of unintentional negligence. Once there was apparent knowledge of the risk of infection, a resident’s responsible party should have been contacted and updated regarding the need for isolation to reduce the spread of COVID-19.  If proper safety measures were not taken, questions of negligence surrounding residents’ health outcomes may fall back onto a facility, and an attorney who specializes in nursing home law may be able to assist with those answers.

COVID-19.

New Jersey COVID-19  infection and death toll data reveals devastatingly high numbers in over 530 long term care facilities, reporting 5,456 resident and 98 staff member deaths.  If you, or a loved one suffered from negative COVID-19 treatment outcomes due to unsafe practices, inadequate precautions, and sustained exposure to other sick residents, you may be entitled to compensation from the facility where the illness originated. Contact a personal injury attorney who specializes in nursing home laws in New Jersey to discuss options and circumstances where immunity has been granted against legal action.

Nursing home negligence.

Death caused by acts of negligence that exacerbated existing health conditions should be investigated to make certain a resident’s rights were not violated.  A wrongful death action can be brought forth in New Jersey when a person’s death was a direct result of neglect or carelessness by another party, but negligence must be proven before any type of compensation can be addressed.

Sources.

Nursing Home Reform Act (NHRA) of 1987

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