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Figured Law Firm Wilkes Barre Workers Compensation Lawyer
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Pennsylvania Nursing Home Wrongful Death Lawyer (COVID-19)

When an elderly loved one dies in a nursing home or assisted-living facility because of another party’s negligence, it is important to learn about options for filing a wrongful death claim. Wrongful death law recognizes that the deceased, had she or he survived her injuries, would have been eligible to file a personal injury claim for compensation. Since the deceased cannot file a claim for herself, wrongful death law in Pennsylvania allows a “personal representative” of the deceased to step into his or her shoes in order to seek compensation.

Wrongful death claims are not uncommon in nursing home abuse and neglect cases, but many more are likely to arise as a result of COVID-19 deaths in nursing homes and assisted-living facilities across Pennsylvania. If you lost a loved one due to a COVID-19 infection in a Pennsylvania nursing home, you should seek advice from a Pennsylvania nursing home wrongful death lawyer as soon as possible.

Infection-Control Requirements in Wilkes Barre Nursing Homes

Nursing homes have a duty to provide infection-control measures in nursing homes, and if they fail to do so, they may be liable for nursing home injuries and deaths. During the COVID-19 pandemic, it may be possible to file a claim against a Pennsylvania nursing home that failed to attend to the infection-control guidance issued by the Centers for Medicare & Medicaid Services (CMS). Any of the following may be grounds for filing a wrongful death claim if your loved one contracted COVID-19 and died in a nursing home in Pennsylvania:

  • Failing to require and make available personal protective equipment (PPE);
  • Failing to put social distancing guidelines and measures in place;
  • Failure to implement COVID-19 screening (such as symptom and temperature checks) for every resident, staff member, visitor, outside health worker, vendor, and anyone else coming into the facility;
  • Failure to limit access of visitors and non-essential persons at the nursing home;
  • Failure to quarantine residents, staff members, or others who test positive for COVID-19;
  • Failure to transport a COVID-19 patient to a hospital for more extensive treatment when necessary;
  • Failure to create separate COVID-19 staff members to attend to COVID-19 patients in the facility; and/or
  • Failure to notify family members about a resident’s COVID-19 infection.

Other improper or negligent infection-control measures that result in a resident’s death may also be grounds for a wrongful death claim.

Timeline for Filing a Claim in Wilkes Barre, PA 

Under Pennsylvania law, the statute of limitations on wrongful death claims is two years. As such, any wrongful death lawsuit arising out of nursing home negligence tied to COVID-19 would need to be filed within two years from the date of death.

Contact a Pennsylvania Nursing Home Abuse & Wrongful Death Lawyer

If you lost a loved one due to negligence in a nursing home during the coronavirus pandemic, it is essential to reach out to aWilkes Barre nursing home neglect lawyer. One of the advocates at our firm can assess your case and discuss your options with you. Contact the Figured Law Firm today for more information about filing a wrongful death claim.

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