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COVID-19 AND WRONGFUL DEATH

Wrongful Death Resulting from the Coronavirus

The rapid spread of the deadly coronavirus has affected the lives of billions of people from all walks of life, as millions of individuals ranging from business executives to prison inmates have witnessed the infectious wrath of COVID-19. With infectious diseases such as SARS,  though genetically related to each other but very different, timely detection and treatment are fundamental to survival and recovery. Sadly, COVID-19 has devastated the most sophisticated healthcare systems in the most highly developed nations around the world. In the USA, the coronavirus has claimed over 42,000 lives and this number is expected to rise considerably as the virus spreads among cities and communities.

The Perazzo Law Firm raises the following questions:

  • What is the role of people and business operators with regards to the safety and well-being of others?
  • How far must business owners and operators go to guarantee the safety of their workers and staff?
  • What is the role hospital staff in preventing the spread of COVID-19 within healthcare facilities?
  • How can nursing homes and rehabilitation center operators be held liable for wrongful death accidents?
  • Who is most at risk of suffering wrongful death from the coronavirus pandemic?

In Miami, the Personal Injury staff at the Perazzo Law Firm understands the legal response to each of the questions listed above. Wrongful death claims can be very complex and only the best lawyers dedicated to their clients case will be able to achieve a successful insurance claim for compensation.

What is the role of people and business operators with regards to the safety and well-being of others?

Business operators and staff owe a duty to customers and visitors to provide settings that are hazard-free and pose no threat of injury, damages, or losses. In Miami-Dade, the coronavirus is starting to affect staff workers in stores such as Walmart, where cashiers, stock personnel and other staff have become infected with COVID-19. Business operators that include the commercialization and distribution of essential supplies such as food, cleaning products, and other basic items for survival at home, are obliged to provide protective elements such as goggles, masks, gloves, and hand sanitizer to help prevent against coronavirus infection. Wrongful death claims from COVID-19 can result from negligence when exposing staff to situations that may lead to infection brought on by infected customers or peers. Failure to apply safety adequate measures can constitute an insurance claim for wrongful death if the victim was negligently exposed to the coronavirus and suffered severe health issues which led to his/her death. In North Miami Beach and Miami, the Perazzo Law Firm staff is working to bring justice to family members of wrongful death victims in Miami-Dade and Broward due to shopping or carrying out a basic necessity during the COVID-19 pandemic.

How far must business owners and operators go to guarantee the safety of their workers and staff?

Workers are to be provided with essential necessities to keep them safe when at work and carrying out their tasks. In the case of the coronavirus pandemic, business owners and operators should help their staff prevent infection of COVID-19 by providing masks, hand sanitizers, googles and gloves, as well as training on how to avoid infection. Business owners should also set strict guidelines for its customers when entering their place of business. For example, store owners and operators may make the use of masks or facial coverings mandatory when entering their shops, thus helping to lower the threat of contracting or spreading the coronavirus among workers and other shoppers. Hand sanitation is also fundamental for workers and shoppers. If shoppers are obliged to follow safety precautions, then workers are less at risk of catching COVID-19 at their workplace.

What is the role hospital staff in preventing the spread of COVID-19 within healthcare facilities?

Healthcare facilities are strained dealing with the coronavirus throughout the world. In the US, healthcare workers are just as much at risk, if not more, of contracting COVID-19. However, hospital staff and operators are obliged by law to safeguard against the negligent spread of the coronavirus among its staff and patients. The proper materials and equipment to treat the coronavirus must be made available by the healthcare facility or third party suppliers of said equipment such as testing materials, protective gear, ventilators, oxygen tanks, respirators, and any other essential supplies to help treat the coronavirus patients.

How can nursing homes and rehabilitation center operators be held liable for wrongful death accidents?

Nursing home staff and operators must take all necessary measures to guarantee that their elderly residents are provided with the proper care and attention to prevent the spread of the coronavirus and treat those that fall victim to the pandemic. With the elderly at high risk of suffering wrongful death if COVID-19 is not detected or treated in time, it is up to nursing home staff members to stay extremely alert to situations that may signal COVID-19 infection among elderly residents. If the coronavirus is detected within a nursing home, the entire nursing home population must be attended to and placed under quarantine to undergo preventive treatment such as testing and isolation. A coronavirus outbreak within a nursing home can be devastating to the residents and their family members. Nursing home operators must immediately notify health officials in the event of a coronavirus situation among any residents. Failure to report, prevent or treat nursing home residents accordingly, may result in an insurance claim for compensation based on negligence on behalf of the nursing home staff or its operators.

Who is most at risk of suffering wrongful death from the coronavirus pandemic?

Everyone is at risk of catching the coronavirus but those with underlining health conditions such as cardiac problems, cancer, diabetes, or other health factors that have people at risk, can lead to death. The elderly are at very high risk since COVid-19 strikes the respiratory system very aggressively and some elderly individuals do not possess the adequate lung capacity to fight off the infection. Furthermore, their immune system may not be able to fight off the infection even with the help of medications used to treat the infection. The lack of ventilators or respirators may be a vital factor when treating coronavirus patients, as well dialysis machines to treat coronavirus patients with underlying diabetes conditions. The overall health condition of patients is very important when COVID-19 enters their respiratory system and attacks. Wrongful death can affect everyone so nobody is really safe from suffering a wrongful death situation.

In Miami, the Perazzo Law Firm urges victims of family members or loved-ones that have suffered wrongful death to contact our Miami or North Miami Beach offices ONLINE or CALL (786) LAWS-411 for a FREE initial consultation and ZERO OUT-OF-POCKET FEES to clients.

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