Can You File a Wrongful Death Suit for Covid?

Losing a loved one is never easy, but when it happens for causes that could have been avoided, it is inexcusably tragic. COVID-19 has brought with it unprecedented times, and a rise in death, especially among our elderly. At Dyer, Garofalo, Mann, & Shultz, we specialize in cases of medical malpractice and have become well versed in recent months with cases of wrongful death from COVID.

The leading cases of medical malpractice causing wrongful death from COVID in the aging American population occurs in our nursing homes. When an individual is admitted to a nursing home, it is with the utmost hope that the facility will see to the emotional, mental, and physical needs of our loved ones. When these needs go unmet, or our family members are neglected in cases when extreme care must be taken, such as in a global pandemic, the death toll can be accounted toward medical malpractice in the nursing home.

While there is no way to repair the loss or devastation you feel following a wrongful death from COVID. We at Dyer, Garofalo, Mann, & Shultz will support you in your endeavor to receive financial recompense.

When is it Considered Wrongful Death from COVID?

For a case to be built for medical malpractice, especially in a wrongful death from COVID, three things must be proven.

1. The death must be COVID-related. In this case, it is normally because your loved one became sick with COVID-19 in the nursing home where he or she lived.

2. The death must have been caused by the negligence of the doctor or nursing staff charged with the care of your loved one. For example, if a known breakout of COVID-19 took place in the nursing home where your loved one lived, and proper precautions and safety measures were not implemented, this would be a case of neglect to reasonable care in an emergency situation.

3. Your loved ones’ wrongful death from COVID must impact you and/or other members of your family. For example, if the death has caused financial discourse due to an inability to pay for a funeral, or because you are unable to work due to grief.

In cases of wrongful death from COVID due to medical malpractice, the executor of your lost family member’s estate makes the claim against the nursing home.

Collecting Evidence in a Case of Wrongful Death from COVID

As you begin your medical malpractice suit against a nursing home, your lawyer will recommend collecting evidence against the nursing home which proves wrongful death from COVID. In the case of wrongful death from COVID, you should have information such as:

  • The date the first COVID case was reported at the nursing home.
  • How long after this case steps were taken to prevent the spread of COVID.
  • How many were affected by COVID.
  • What treatment and preventative measures were offered to prevent COVID from affecting your loved one.
  • How many staff were working in the nursing home at the time your loved one became sick.
  • How long it took the nursing home to contact you following your loved one’s contact with COVID.
  • How long it took the nursing home to contact you following the death of your loved one.
  • Any admittance from the nursing home staff regarding negligence or fault on their part for the wrongful death of your loved one from COVID, including apologies.

We recommend keeping any record of correspondence with the nursing home, including text messages, e-mails, and voicemails to review and potentially use as proof of wrongful death from Covid in your case against the nursing home.

When to File a Medical Malpractice Suit Against the Nursing Home

In cases of wrongful death from COVID it is important to file your medical malpractice suit as soon as possible. In the state of Ohio, there is a statute of limitations on medical malpractice suits. This statute provides 2-years from the time of the wrongful death from COVID to file your case.

It is also critical to file a wrongful death from COVID claim early because the longer you wait, the less clear the evidence surrounding the medical malpractice suit becomes. For example, some of the evidence you saw above may be forgotten if you wait to file your case a year or more after the death.

While it is hard to act quickly while mourning the loss of a loved one, you are more likely to get the recompense your family deserves if the case is filed quickly. Dyer, Garofalo, Mann, & Schultz can help you speedily execute the process of initiating a case for wrongful death from COVID. This allows you to place your focus back where it should be, on your family, and self-care as you navigate your way through grief and goodbyes. We are here to support you from start to finish.

Choosing a Malpractice Lawyer in the Case of a Wrongful Death from COVID

When a loved one is lost due to medical malpractice, your best advantage against the nursing home which caused the death is to hire an experienced malpractice lawyer. Cases of medical malpractice are tricky and require a lot of evidence, and a strong knowledge of the legal system. In a case with wrongful death from COVID, this becomes even more important, as COVID is such a new reason for a malpractice suit.