Medical Malpractice and Personal Injury Law Blog

Brooklyn Man Sues NY Nursing Home After Father Dies of Coronavirus

Posted by Charles Gilman | May 27, 2020 | 0 Comments

Considering that coronavirus has hit nursing homes particularly hard, the increase of lawsuits against them should come as no surprise. Just one of the latest lawsuits comes out of New York, where a Brooklyn resident is suing a nursing home for wrongful death after his father contracted COVID-19 and died soon after.

What the Lawsuit Alleges

The man who is suing the East New York nursing home claims that the staff there failed to take the right measures to protect his father from the virus. In particular, the wrongful death lawsuit accuses the Linden Center for Nursing and Rehabilitation of failing to follow the guidelines set forth by federal, state, and local agencies.

These guidelines include:

  • Separating residents
  • Enforcing social distancing
  • Canceling group activities
  • Canceling communal dining
  • Not allowing visitors
  • Increasing sanitizing measures

The lawsuit claims the nursing home did not follow any of these guidelines, resulting in the 78-year-old contracting the virus and dying. He was already vulnerable before the pandemic, as he had dementia and was in a wheelchair.

So of course, his health quickly diminished once he got the virus, causing him to suffer from fever, difficulty breathing, confusion, pressure ulcers, extreme weight loss, sepsis, and eventually death. The wrongful death lawsuit alleges he was in extreme pain and feared for his life during his final days in the nursing home. It claims his testing, diagnosis, and treatment all came too late.

Numerous COVID-19 Deaths at the Nursing Home

This man wasn't the only nursing home resident to contract COVID-19. So far, it's been confirmed that four other residents have died from this virus at the Linden Center for Nursing and Rehabilitation, and 19 were presumed to have died from it there, as well.

Additionally, there have been news reports stating that the nursing home's morgue was full, so the staff decided to keep additional dead bodies in rooms that were not properly cooled like a morgue would be. While the nursing home representatives claimed this was only temporary, staff also spoke out about not having enough PPE to protect themselves from the virus at work.

As a result of these issues, the lawsuit includes claims of gross negligence, wrongful death, and medical malpractice.

Wrongful Death Claims in Philadelphia

This isn't the first wrongful death or personal injury lawsuit to come out of the COVID-19 pandemic, and it won't be the last. Several nursing homes and other businesses have been accused of ignoring guidelines that would protect customers and employees alike, and they have a responsibility to pay for the damages that result from this kind of negligence.

In many cases, the families of victims are left with medical bills, funeral costs, lost income, and more. If this is the case for you, you have a chance to recover most or all of those expenses by filing a wrongful death lawsuit against the at-fault business. This way, you're not left with unexpected bills to pay while still grieving a loved one. If you want to learn more about filing a Philadelphia personal injury or wrongful death lawsuit, contact a local lawyer today to discuss your case.

About the Author

Charles Gilman

As managing partner and co-founder of Gilman & Bedigian, it is my mission to help our clients recover and get their lives back on track. I strongly believe that every person who is injured by a wrongful act deserves compensation, and I will do my utmost to bring recompense to those who need and deserve it.

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