Litigation is brewing against a South Florida nursing home, where a Miami attorney says a resident contracted the coronavirus from an employee people hired to care for the elderly.

Jack Paris, an attorney at the Cochran Firm in Miami, has filed a notice of intent to sue North Shore Nursing and Rehabilitation Center. Paris alleges his client, JW Thomas, contracted COVID-19 from the nursing home staff.

North Shore Nursing did not respond to a request for comment, and no attorney has entered an appearance on its behalf.

"It's hard to comprehend how COVID is getting into these facilities, which at this point we're several months into this, should have every protocol, every operating procedure to be able to screen and protect the residents," Paris said.

Due to a diabetic complication, Thomas, 65 years old and suffering from dementia, was taken to a small assisted-living facility, his attorney said. Soon after, Thomas was taken to North Shore Hospital to undergo amputation surgery on his lower left leg due to a lack of circulation. After the successful procedure, Thomas was taken to North Shore Nursing to recover, his lawyer said.

"Last Friday, the family gets a phone call," Paris said. "The family has not seen him. The facility has been in lockdown since the day Thomas was admitted. There is no in-and-out. Only staff. He has now contracted COVID-19 and is not doing well. And they are having particular issues with him. Because of his dementia, he can't really relate what his symptomatology is."

Since only staff can enter and exit the facility, Paris attributes the diagnosis to Thomas' time at North Shore Nursing. More than two weeks went by before Thomas was exhibiting symptoms, which led to allegations that he contracted the virus at the nursing staff.

North Shore Nursing is not the only nursing home and assisted living facility facing allegation of procedural problems after residents alleged developed coronavirus.

Nearly 400 nursing homes and assisted living facilities have at least one confirmed case of the coronavirus, according to new data from the Florida Department of Health. About 2,225 residents and 1,130 staff members have tested positive for COVID-19, but the data released Monday does not include patients who recovered from the illness.

Earlier this month, the Florida Health Care Association sent a letter to Florida Gov. Ron DeSantis requesting "immunity from any liability, civil or criminal" under certain conditions. It would apply to several facilities, including nursing homes. The move could allow these facilities to provide the best care they can to patients while they are experiencing a severe shortage of staff and supplies due to the coronavirus.

But, if the governor acts on that request, Paris fears that families like his client will have no recourse for the loss of a loved one, and an incentive to improve procedures for patient safety may be overlooked.

"If someone is coming into work, or a provider is doing a service, there has got to be a stepped-up screening process for that person who is entering the premises," Paris said. "And not just this facility, but all facilities. And what they are doing to screen and check, given the number of residents who are getting COVID-19, it is obviously not enough, not catching it and our most vulnerable are getting it."