Elder Abuse During the Pandemic
Over the years our firm has been at the helm of several class action lawsuits which have sought to bring about change in these facilities. Several of the Plaintiffs that we represented in these claims complained of both poor standards and elder abuse. In the past, caregivers have failed to meet an acceptable level of care and subsequently elders have seen their various conditions deteriorate. This applies to both physical and mental maladies.
With the pandemic, it is crucial that the elderly be closely monitored during these times for symptoms of the virus, including shortness of breath, fever, body aches, chills, dry cough, and sore throat. Recent media reports have also shown that those affected with the virus may experience renal failure or even meningitis.
If your relative’s caregiver and/or care facility neglected them during this pandemic, you may be able to pursue a personal injury claim against them. This includes both failing to take action to prevent them from contracting the virus as well as failing to provide a sufficient level of health care. Long-term care facilities must meet an acceptable standard of care and have a fiduciary responsibility to their residents and visitors. Facilities should have developed extensive plans to prevent infection and treat those who are experiencing a decline in their function as a result.
As the world continues to take on this global emergency, legal liability questions have started to move into the forefront of discussion.
“Individuals who have been infected as the result of visiting a medical or long-term care facilities may be able to sue the business,” said Jeremy Diamond. “The facility ought to have known of the risk of infection and acted accordingly.”
“If an individual passes away from complications due to the disease, it may also create the potential for a wrongful death lawsuit,” he adds. “This includes both residents in the facility as well as visitors.”
Although businesses are always obligated to maintain healthy standards of cleanliness and sanitation, new enhanced measures have been implemented in response to the current crisis. As a result, these facilities should have adapted them and worked to the best of their ability to avoid related illness and deaths.
Long term care facilities which fail to comply with these new measures and regulations may be exposing themselves to liability if their facility or location can be linked to infections.
“What facilities need to think about right now is their responsibility to their community,” said Jeremy Diamond. “That is not just an ethical responsibility, it’s a legal one too. We must continue to advocate for society’s most vulnerable and demand better senior care.”
As of April 20, 2020, there have been more than 120 outbreaks reported at long-term care homes across the province to date.
According to CTV News:
Quick facts on all Ontario patients:
- 11.9 per cent of all patients have been hospitalized at one point
- 42.2 per cent of all patients in the province are male and 56.8 per cent are female – 117 cases did not specify male or female gender
- 43.8 per cent of all patients are 60 years of age or older – nine cases did not specify their age
- 2.2 per cent of all patients are 19 years of age or younger
- 22.6 per cent of all patients are between the ages of 20 and 39
- 31.2 per cent of all patients are between the ages of 40 and 59
- 22.9 per cent of all patients are between the ages of 60 and 79
- 20.9 per cent of all patients are 80 years of age or older
- Public health units in the Greater Toronto Area account for 58.7 per cent of all cases in the province
- 10.7 per cent of all patients had travelled in the 14 days prior to becoming ill
- 17.4 per cent of all patients had contact with a previously confirmed case
- 30.5 per cent of all patients had community exposure
- 41.4 per cent of all patients had exposure information listed as pending
If a loved one has been a victim of insufficient care, elder abuse or contracted the virus as a result of nursing home facility you may be able to secure compensation for the abuse.
Contact a qualified Toronto senior care lawyer at Diamond and Diamond Lawyers to get help with your claim. Call 1-800-567-4878 or fill out the quick contact form below when you are ready to get started on your case.