Many nursing homes in California are not informing family members or patients of COVID-19 exposure. Here is an active list of nursing homes that have reported one or more COVID-19 cases (please note there may be more nursing homes or assisted living facilities that have not reported): https://www.cdph.ca.gov/COVID-19/
Our attorneys know that residents of nursing homes and assisted living homes are some of the most vulnerable populations in California and our mission is to advocate for their rights. Since January 2020, the California Department of Public Health has issued several guidance memorandums for nursing homes that must be followed in order to prevent further spread of COVID-19 in nursing homes.
If a loved one has been affected by COVID-19 while at a nursing home or assisted living facility please contact us to discuss legal options.
There are many reasons why COVID-19 may be spreading at a high rate within the network of California nursing homes and assisted living facilities, these can include:
Remember, it is the DUTY of the facility to prevent the outbreak of infectious diseases within the facility. If your family member contracted the COVID-19 virus while at a nursing home or assisted living facility, contact one of our attorneys to discuss possible legal actions.
There are various laws that may hold nursing and assisted facilities criminally responsible, however, it is up to government attorneys to uphold criminal laws.
Civilly, California has several laws that can help hold a facility responsible for certain negligent acts that lead to the spread of COVID-19. The main rules are contained in California’s Welfare & Institutions Code. Under this code, a facility can be held liable if they are neglectful of the health of the residents. The most important duty under this section is that facilities must protect residents from health and safety hazards.
The COVID-19 outbreak is unprecedented, which means facilities must take extreme caution to avoid outbreaks. If you believe a facility where a loved one is residing is not taking sufficient steps to protect your family member from COVID-19, contact one of our attorneys.
Losing a loved one is completely devastating. Our attorneys are trained in empathy and can help you navigate all legal options. Our commitment is to:
Types of compensation for the wrongful death of a loved one are found in the California Code of Procedure § 377.61. The statute as interpreted by various cases over time finds that, depending on the case, there may be compensation for:
If a family member witnessed the abuse or neglect and suffered emotional distress as a result, claims for “negligent infliction of emotional distress” on their behalf might be appropriate and should be investigated by an attorney.
In elder abuse cases, additional recovery can be sought for attorney fees and the decedent’s pain and suffering before death, under Welf. & Inst. Code, § 15657(a).
In California, only certain family members may file a claim for the wrongful death of another. While every case is different, the following family members may have a claim for wrongful death: spouses, children, parents, and siblings. There are some exceptions, if you have questions about whether or not you may file a claim for wrongful death, please contact our firm and ask an attorney directly.
Our firm works on a contingency basis for elder abuse claims, this means your family will not pay anything until there is monetary recovery. This means Corrales Law Group will pay all upfront costs of investigations, hiring of experts, retaining all medical records, etc.
Many areas in California are under stay-at-home orders. Our attorneys want families to stay safe and have moved to a fully digital platform. Our attorneys provide consultations via Zoom meetings, Facetime, Skype, and Telephone. All documents may be signed easily through e-mail via DocuSign. Contact us to set up a consultation today.
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