Everyone has been affected by the spread of COVID-19, but the most serious impacts have been felt by marginalized and at-risk populations: the elderly, homeless people, people with pre-existing medical conditions, people with addictions, racial and social minorities, and survivors of serious injuries. Among personal injury lawyers, there is significant concern that current and former clients do not have access to the necessary supports. Long-term care facilities, which sometimes house brain and spinal injury survivors, are hotbeds for the virus, and injury victims living at home may find themselves suddenly isolated.
Below, we’ll discuss some of the unique challenges faced by survivors of serious injuries amid this unprecedented global health emergency.
Long-Term Care Fears
Canada has been relatively effective in controlling the spread of COVID-19 in the general population. Long-term care homes have been less successful: roughly half of all COVID-19 deaths have occurred in these facilities.
The situation is so bleak that family members are removing loved ones, even when the chances of readmission are slim. Unfortunately, this approach highlights another concern for personal injury lawyers: how will injury survivors living at home access medical care under social distancing guidelines? Speaking to CTV News Toronto, an Ontario woman who removed her husband from long-term care articulated the issue:
“My concerns are – he no longer has a doctor,” said Barbara Heuman. “His doctor took care of him for three-and-a-half years while he was at Dufferin Oaks, but I was told they are no longer able to care of him. So when they sent me home from Dufferin Oaks yesterday, I got one week’s medication, that’s it.”
Lack of Access to Medical Care
For many seriously injured accident victims, recovery is a lifelong pursuit that requires consistent medical care and attention. Spinal and brain injury victims often undergo years of rehabilitation, chiropractic therapy, and physiotherapy, often in clinical settings.
Access to these services may be limited for months or years. Medical professionals in Canada are all-hands-on-deck in the fight against COVID-19 – those who are unable to help on the front lines are avoiding hospitals and emergency wards as much as possible. For injury victims, a sudden and indefinite pause in treatment can be damaging to the recovery process.
Brain injury survivors may also lose access to social services such as occupational therapy and attendant care.
Mental Health Concerns
In a March 31 article for the Prince George Citizen, Diane Nakamura, a brain injury survivor, described some of the day-to-day symptoms that many survivors experience.
“Suffering from anxiety and depression,” she wrote. “Not having enough energy in a day to complete necessary tasks. Inability to cook because of poor memory and sequencing issues. Dealing with financial stress because of lost employment. Not understanding important letters or phone calls due to cognitive deficits. Experiencing conflict with family members and friends who don’t understand the limitations survivors have. Possessing low self-esteem and confidence because of the significant life changes after brain injury. Not feeling normal or accepted by their personal network and the community.”
Many of these issues, Nakamura wrote, have been aggravated by the strict social distancing measures necessary to limit the virus’s spread. Brain injury survivors have less access to mental health resources than they did at the beginning of the year, and fewer opportunities to connect with friends and family in-person.
Lack of Financial or Government Support
Some injury victims coping with this new reality feel left behind. Activists say governments have failed to consider injury survivors in their COVID-19 responses. The little support that has been offered is considered woefully insufficient.
“As families who are supporting our sons and daughters with disabilities, who live with us in the community – we feel forgotten. We’re not even on the radar,” said Robin Acton, whose daughter has Down syndrome, to CBC News Edmonton in April.
“We as a family are incredibly fearful of what happens if our daughter gets sick and has to go to the hospital,” she added. “She’s going to need me or her dad there to help her understand and interpret what’s going on. She would be absolutely terrified.”
In Ontario, the provincial government has made additional resources available to people with disability through the Ontario Disability Support Program. However, community representatives say the additional benefits – up to $100 for individuals and up to $200 for families – are simply not enough.
“We are part of a community that is often just an afterthought,” said Nadine Law, co-founder of Sudbury not-for-profit Access2all, to Sudbury.com. “My clients and I are not being recognized or taken care of. It wasn’t until this pandemic that I realized my voice had to get a little bit louder.”
Contact a Personal Injury Lawyer Today
Crises tend to highlight the gap between the haves and have-nots in our society, and the COVID-19 pandemic is no exception. As personal injury lawyers dealing with seriously injured accident victims, Will Davidson LLP is committed to providing legal support for some of Ontario’s most vulnerable populations. If you or a member of your family has been injured in an accident, contact us today to schedule a free, no-obligation consultation.
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