Nursing Home COVID-19 Wrongful Death

Jed Dietrich, Esq., an Acclaimed Member of the Million Dollar Advocates Forum and Premier Lawyers of America, and His Top Rated Team of Lawyers at the Dietrich Law Firm P.C. Fight to Obtain the Best Result for Nursing Home Residents Who Were Negligently Exposed to the Coronavirus in Buffalo, New York.

It is no secret that the many elderly victims were severely affected by the coronavirus. As the pandemic raged through the country, elderly care facilities quickly became hot spots for COVID-19 exposure. Regardless of the circumstances, nursing homes had a legal duty to ensure the safety of their residents. Senior citizens and those with underlying health conditions were determined to be most susceptible to COVID-19 related deaths. Previous liability protections, based on questionable motivations, allowed elderly care centers to cut corners and expose vulnerable elderly residents to the deadly virus. Many nursing homes failed to implement crucial guidance from the Centers for Disease Control (CDC) to protect residents. Unfortunately, thousands of residents paid the ultimate price because of their caregivers’ negligence. Investigators revealed outbreaks in many long-term care facilities had disproportionately high rates of COVID-19 fatalities, which reached alarming levels. Further, massive discrepancies were uncovered regarding on-site and in-hospital COVID-19 deaths at nursing homes compared to the numbers reported to the Department of Health (DOH). According to the DOH’s latest figures, at least 15,000 long-term care residents throughout New York State died during the pandemic.

Prior immunity protections eliminated a major deterrent that family members had to protect loved ones from nursing home neglect and mistreatment. With an ongoing FBI investigation, Cuomo signed Senate Bill S5177 into law to repeal the previous immunity granted to health care facilities. According to an investigation conducted by the New York Attorney General’s Office, the number of coronavirus-linked fatalities among elderly care center residents was underreported by as much as 50%. Thousands of residents passed away shortly after being taken to hospitals, so they were not initially considered as nursing home deaths. Loved ones of those who died from the disease may be entitled to hold the responsible long-term care facility accountable through a wrongful death lawsuit, provided that adequate steps were not taken to protect its residents from COVID-19. If you lost a family member because of their nursing home’s negligent handling of the pandemic, seeking justice may be one of the most important things you ever do. The Dietrich Law Firm P.C.’s battle-tested team of COVID-19 wrongful death attorneys recognize how difficult of a time it is for you and your family. The last thing surviving loved ones want is to be troubled by legal issues. That is why you need the best personal injury attorney in Western New York to pursue your case.

Jed Dietrich, Esq., acclaimed as a Best Attorney of America, founded the Dietrich Law Firm P.C. in 2005 with a mission to provide the highest level of personal injury service to victims and their families. For more than 20 years, Jed Dietrich, Esq. has exclusively handled serious personal injury and wrongful death cases. Throughout the years, our highly experienced lawyers have seen the devastating impact that wrongful deaths can have on victims and, ultimately, their loved ones. The Dietrich Law Firm P.C.’s elite attorneys are prepared to do whatever it takes to determine whether your loved one’s COVID-19 death was preventable. It would be our honor to help your family obtain some sense of closure as well as justice. Insurance companies have paid Jed Dietrich, Esq. over $175,000,000.00 in verdicts and settlements to resolve injury and wrongful death claims. Should you have any questions or need assistance regarding your loved one’s coronavirus death, we invite you to contact our veteran team for a complimentary case evaluation. The Dietrich Law Firm P.C.’s seasoned lawyers are available 24 hours per day and 7 days per week at 716-839-3939 or by filling out the online consultation form. 

Nursing home residents living in such proximity to one another with weakened immune systems already made them highly susceptible to catching the coronavirus. Then, Governor Cuomo’s policy to admit COVID-19 patients discharged from hospitals into long-term care facilities made elderly care facilities even bigger hot spots for the virus. The mandate specifically prohibited the testing of admitted patients. Further carelessness and nonexistent infection control protocols at many nursing homes made it impossible to adequately contain COVID-19 outbreaks, which caused large percentages of residents to become infected.

The coronavirus is particularly dangerous to individuals over 65 years old and those with underlying medical conditions, such as asthma, cardiovascular disease, kidney disorders, obesity, diabetes, and compromised immune systems. Many nursing home residents are both elderly and suffer from the underlying health problems that made COVID-19 even more deadly. Due to the elevated risks, it was crucial for all health care facilities caring for the elderly and other vulnerable groups to provide available protections, be exceptionally vigilant in identifying infections, and isolate and treat any residents with coronavirus symptoms. Unfortunately, overcrowding, insufficient care, and inattentiveness often result when long-term care center administrators choose to place profit margins before the health and safety of residents. If you have a family member at a nursing home that lost their life to COVID-19 because he or she did not receive the basic care deserved, it is important to take immediate legal action to hold those liable accountable.

The loss of a loved one because of the coronavirus can put family members in a very difficult situation, both emotionally and financially. Although nothing can eliminate your loved one’s suffering or the agony caused by their COVID-19 death, you may be eligible to file a wrongful death lawsuit against the responsible nursing home and any other parties deemed to be liable. Wrongful death claims were designed to provide surviving loved ones with monetary compensation that can help them find peace of mind and financial stability. Establishing damages in a wrongful death case can be a remarkably complicated task that requires the assistance of expert witnesses such as a forensic economist. The victim’s family members may be able to recover compensation for past and future losses, including:

1. All medical expenses incurred due to the resident’s coronavirus-related treatment;
2. Lost supplementary work-related benefits, which includes future retirement benefits if the resident had lived;
3. Loss of companionship, care, and comfort;
4. Loss of parental guidance and care for surviving children;
5. Loss of inheritance;
6. The victim’s pain and suffering caused by their COVID-19 symptoms;
7. All funeral and other related burial costs; and
8. If our battle-tested attorneys can demonstrate that the nursing home knew of a coronavirus outbreak among residents or staff and intentionally failed to address it, punitive damages may also be available. Punitive damages are meant to discourage other elderly care facilities from acting similarly.

Most importantly, filing a wrongful death claim can provide a sense of justice for the victim’s entire family. Your lawsuit will force the responsible long-term care facility to accept liability for their careless mishandling of the pandemic. If you have reason to believe that your family member was exposed to, contracted, or passed away from the coronavirus due to their nursing home’s neglect or inadequate care, please contact the Dietrich Law Firm P.C.’s seasoned team right away. Recognized as a Best Law Firm of America and honored with a Better Business Bureau A+ Rating, the Dietrich Law Firm P.C. will fight to obtain the best result for your family member’s COVID-19 related death. We are available 24 hours per day and 7 days per week by calling 716-839-3939 or by filling out the online consultation form. Call our highly experienced attorneys today for your free consultation. We are the aggressive, tenacious, and hardworking Buffalo, New York personal injury lawyers who are ready to fight for the compensation that you deserve! 

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!