Coronavirus Nursing Home Wrongful Death Claims

Nursing Homes in New Mexico are already being investigated for Negligence

Much has already been learned about what went wrong in the Kirkland, Washington facility which resulted in 35 coronavirus nursing home deaths. These key lessons should have helped to prevent the same situation from occurring elsewhere, but facilities in New Mexico, Louisiana, Kansas, Oregon, Wyoming and Illinois have already reported similar outbreaks. 

Albuquerque Nursing Home La vida Llena Accused of Negligence

Bussard Law is investigating the Albuquerque retirement community La Vida Llena (and communities across the state). New Mexico’s attorney general is also investigating the community, however they do not represent families of the aggrieved for injury and wrongful death claims allegedly caused by the community. Bussard Law nonetheless applauds their involvement and commitment to protecting the public. Ten residents from the northeast heights complex at La Vida Llena have died.

La Vida Llena is where dozens of residents and staff have tested positive for the coronavirus. In a letter to La Vida Llena officials, Attorney General Hector Balderas says the preliminary finding shows they did not follow public health orders, failed to communicate with residents, and even discouraged employees from wearing persona protective equipment.

Negligence

There are several major factors that have repeatedly gone wrong, in some cases constituting negligence on behalf of nursing home management:

Failure to wear protective equipment consistently. One family member visiting her aging parent in the Seattle-area nursing home stated she was told to wear a mask but then saw staff without masks. Gloves are also essential to prevent transmission.

Inadequate hand-washing or sanitizing. Coronavirus spreads rapidly, and in the absence of meticulous sanitizing, can easily jump from one patient to the next.

Slow testing. Several patients in nursing homes across the country had already become incredibly ill several days before testing began. Without testing, it is impossible to isolate infected patients or staff.

Failure to summon help and Inadequate Under-Staffing. Many nursing home facilities with many coronavirus deaths did not have the capacity to respond adequately to the extreme cases on its hand. Calling in reinforcements quickly is essential.

Failure to Prioritize and Plan. Prioritizing the health of residents means having an emergency plan in place and then following it with care and precision. This can only be carried out by a well-trained staff with excellent leadership. Even a facility with the best emergency plan cannot protect its residents in the absence of clear and decisive leadership. Failure to follow protocol will likely result in thousands of coronavirus nursing home deaths across the country.

Prior Reports. Significant shortcomings which have been repeated by other nursing homes around the country, such as:

• Reports that nursing home staff did not consistently wear protective gear such as masks and gloves.

• Reports that sick patients suspected of having COVID-19 were not quarantined, or well patients sharing a room with sick patients

• Reports of sick residents being left unattended

• Reports of equipment shortages

• Reports that emergency backup was not sought until patients were gravely ill

Failure to Implement Policies and Care Plans. Nursing homes that are aware of the spread of coronavirus and still fail to implement safety protocol need to be held responsible for negligent care. Being prepared to contain viruses is a very important aspect of safety at a residential facility, and should have been the subject of staff training and emergency planning. Sadly, a number of nursing homes appear to have been drastically unprepared for such an eventuality as COVID-19--likely the result of cost-cutting measures or inept leadership.

Losing a Loved One to COVID-19 in a Nursing Home

You may feel the loss of your parent or loved one is your fault. We want you to know you are not to blame. You entrusted a professional facility with the care of your family member, and learning the nursing home failed to do that is devastating. 

It is natural to experience a range of feelings at this time, such as shock or numbness, anger, overwhelm, sadness, confusion, or self-blame. These are normal expressions of grief and will change over time. Very few of us could have imagined a situation such as the coronavirus; the best thing to do now is to take steps that help you regain a sense of control. For some, working with a trusted attorney team to seek justice is part of the recovery process. Filing a COVID-19 nursing home lawsuit can also yield compensation that will give your family security through an emotionally difficult time. If you would like to learn more about your legal options, please contact our firm today.

New Mexico COVID-19 Nursing Home Trial Lawyers

Bussard Law has handled hundreds of nursing home negligence cases. Bussard Law is familiar with how nursing home in this state operate and its policies. Bussard Law is equipped to see your case through to the end, whether to a successful settlement or jury verdict.

Filing a COVID-19 nursing home death lawsuit against the facility is the only way to achieve justice on behalf of your loved one. We are here to help you every step of the way. Contact us today for a free case evaluation. Negligence