Arlington Nursing Home Abuse Lawyer

Nursing home abuse is a distressing reality that affects countless elderly residents across Arlington, VA. Families entrust nursing homes and assisted living facilities to care for their loved ones, expecting a safe and supportive environment. However, some residents can suffer emotional trauma, physical injuries, and even wrongful death.

When elder abuse is suspected or confirmed, seeking the help of an Arlington nursing home abuse lawyer is essential. An experienced attorney can help victims and their families take legal action against the facility or staff responsible. 

Legal services in these cases are vital to secure fair compensation for the harm caused and ensure that care facilities implement changes to prevent future abuse.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, our law firm is dedicated to helping victims of Arlington nursing home abuse secure the compensation and justice they deserve. Our Virginia nursing home abuse attorney team has extensive experience handling nursing home abuse cases with care and achieving favorable settlements and verdicts for our clients.

A professional Arlington nursing home abuse lawyer will thoroughly investigate each elder care case to address every aspect of the abuse, including medical costs, emotional trauma, and other losses. With our in-depth knowledge of nursing home abuse claims, we work diligently to manage each case effectively and fight relentlessly to uphold your legal rights.

Types of Cases Handled by Our Arlington Nursing Home Abuse Lawyers

Abuse occurs when elderly residents in healthcare facilities suffer harm due to intentional actions, neglect, or lack of proper care. This mistreatment can take many forms, each with devastating effects on the victims and their families. Our Arlington nursing home abuse lawyer team is equipped to handle a variety of abuse cases, including:

Physical Abuse

This abuse involves the use of force or violence that causes harm to a resident. It can include hitting, slapping, pushing, or improper use of physical restraints.

Mental and Emotional Abuse

Elderly emotional abuse can be just as harmful as physical harm, causing fear, anxiety, and depression. This type of abuse may involve verbal insults, threats, intimidation, or isolation.

Sexual Abuse

Elderly sexual abuse is a grave violation of a resident’s dignity and safety. This includes any unwanted sexual contact or harassment, often perpetuated by staff members or other residents.

Medical Malpractice

Medical malpractice occurs when residents do not receive proper medical care, leading to severe consequences. This may include bedsores due to prolonged immobility, medication errors, or delayed treatment of illnesses.

Negligence

Neglect is a form of abuse that occurs when an elder care facility fails to provide adequate care to meet a resident’s basic needs. Negligence can result in bad hygiene, malnutrition, dehydration, or even elopement (wandering away from the facility).

Financial Abuse

Financial exploitation involves manipulating or stealing from a resident. Financial abuse can include unauthorized access to bank accounts, forging signatures, or coercing residents into changing their wills.

Wrongful Death

In the most tragic cases, abuse or neglect can lead to the untimely passing of a resident. Death might occur due to untreated infections, severe neglect, or abuse. Families facing such a devastating loss may pursue legal action to hold the facility accountable and seek compensation.

Understanding Your Legal Rights

Residents are protected under federal and state laws to ensure they receive proper elder care and live in a safe environment. These legal rights are designed to prevent abuse, neglect, and exploitation in assisted living facilities.

Federal Protections for Nursing Home Residents

The Nursing Home Reform Act of 1987 is a key federal law that establishes the rights of nursing home patients. Under this act, facilities receiving Medicare or Medicaid funding are required to provide services that promote their residents’ physical, mental, and emotional well-being. Some of the specific rights protected by the act include:

• The right to be free from physical abuse, emotional abuse, and neglect.
• The right to receive adequate health care and assistance with daily living needs.
• The right to make decisions about their care and participate in their care plan.
• The right to live in a safe, clean, and dignified environment.

Virginia Nursing Home Regulations

In addition to federal protections, Virginia residents are safeguarded by state laws and regulations. Facilities must meet strict standards to ensure adequate elder care and supervision. 

For example, Virginia requires facilities to develop individualized care plans for residents and to maintain appropriate staffing levels to meet their needs. Failure to comply with these regulations can result in legal consequences for the facility.

Eligibility to File a Virginia Nursing Home Abuse Claim 

When elder abuse is suspected, several parties have the legal right to file a claim:

• The resident themselves: If the victim can understand and pursue legal action, they can file a claim directly.
• Family members or legal guardians: If the resident cannot act independently due to physical or cognitive limitations, their family or appointed guardians can take action on their behalf.
• The estate of a deceased resident: In cases involving death, the estate’s representative may pursue a claim to hold the facility accountable for the harm that led to the resident’s passing.

Liability in Nursing Home Neglect and Abuse Cases 

When elder neglect occurs, multiple parties may be held responsible for the harm suffered by the victim.

Facility Owners and Administrators

Nursing homes and assisted living facilities are responsible for creating a safe environment and ensuring adequate care for residents. If the facility fails to hire qualified staff, provide proper training, or maintain safe conditions, it can be liable for the resulting harm. 

For example, a facility that fails to address understaffing issues may be liable if neglect leads to malnutrition or poor hygiene among residents.

Staff Members

Individual caregivers, nurses, or aides can be directly liable for acts of abuse, sexual abuse, or emotional abuse. 

For instance, a staff member who intentionally harms a resident by using excessive force during routine care can be sued for their actions.

Medical Providers

Liability may extend to healthcare professionals working in the nursing home in cases of medical malpractice. Examples include doctors, nurses, or pharmacists who commit medication errors, fail to treat infections, or neglect to diagnose serious conditions. 

For instance, if a resident develops life-threatening bedsores due to inadequate medical care, the medical providers responsible may be held accountable.

Third-Party Contractors

Many nursing homes rely on contractors for services such as maintenance, food preparation, or specialized health care. If a contractor’s negligence contributes to a resident’s harm, they may share liability. 

For example, a third-party cleaning service that fails to maintain sanitary conditions, leading to infections, can be held responsible for the resulting harm.

Other Residents or Visitors

In some abuse cases, liability may extend to other residents or visitors if they cause harm to a resident. 

For instance, if a resident suffers injuries from an assault by another resident due to inadequate supervision, the facility may still be held liable for failing to protect its residents.

How Our Arlington Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our attorneys have extensive experience handling elder abuse and neglect cases. 

We understand these cases’ profound impact on victims and their families, and we are committed to providing compassionate, effective legal representation. From identifying the responsible parties to securing compensation, our law firm offers a full range of services to support you every step of the way.

Free Case Evaluation

We begin with a free consultation to review your situation and provide a clear understanding of your legal options. During this evaluation, a nursing home abuse attorney will discuss the circumstances of the abuse, the evidence available, and the potential for pursuing a claim. This initial step allows you to ask questions and make informed decisions without financial pressure.

Case Investigation

Our team thoroughly investigates to gather the evidence needed to build a strong case. This step includes reviewing medical records, interviewing witnesses, examining facility policies, and identifying signs of neglect or abuse, such as physical injuries or neglected hygiene. We aim to uncover the full extent of the harm suffered and establish liability.

Filing the Claim

Once we have the necessary evidence, we prepare and file the legal claim on your behalf. This process involves drafting detailed legal documents, adhering to deadlines, and ensuring compliance with Virginia facility laws. We handle all legal complexities, allowing you to focus on supporting your elderly relative.

Settlement Negotiation

Many abuse cases are resolved through settlements before going to court. Our attorneys are skilled negotiators who will advocate for maximum compensation to cover medical care, emotional trauma, financial exploitation, and other damages. We are committed to achieving a fair resolution while keeping you informed.

Trial Representation

We are fully prepared to take your case to trial if a fair settlement cannot be reached. Our attorneys will present compelling arguments and evidence to ensure the court understands the severity of the abuse. We fight tirelessly to secure a favorable verdict and hold the responsible parties accountable.

Common Signs of Elder Abuse Among Nursing Home Residents 

Arlington is home to 105 Medicare-approved nursing facilities. Unfortunately, many of these facilities fail to provide adequate elder care. Approximately 33% of these nursing homes have an overall score that is below or much below average, indicating widespread deficiencies in critical areas of care.

Regarding health inspections, 38% of nursing homes in Arlington receive below-average ratings, reflecting ongoing issues with safety protocols and compliance with health standards. 

Staffing levels are also a concern, with 33% of facilities receiving low scores in this category, potentially leading to insufficient care for residents. Lastly, 15% of facilities are rated poorly in quality measures. [1]

The worst-rated nursing homes in Arlington include:

Recognizing the signs of elder abuse is critical for protecting residents from harm. Abuse and neglect can manifest in various ways, and family should remain alert to any changes in their elderly relative’s physical condition, behavior, or environment. Below are some common indicators of abuse or neglect:

• Unexplained injuries
• Frequent falls or immobility issues
• Marks from restraints
• Bedsores
• Frequent hospitalizations
• Poor hygiene
• Unsanitary conditions
• Overmedication or sedation
• Signs of isolation
• Sudden behavioral changes
• Withdrawal or fearfulness
• Mood swings
• Hesitation to speak around staff
• Worsening health conditions
• Unexplained financial activity

What to Do If You Suspect Nursing Home Abuse

If you suspect abuse, taking prompt and appropriate action is essential to ensure the safety and well-being of your loved one. Here are the steps you should follow:

Call 911 if There is Immediate Danger

If your elderly relative is in immediate danger or at risk of serious harm, call 911 right away. Emergency services can intervene to ensure the resident’s safety and provide medical attention.

Report Abuse to the Administrator or Management

Notify the facility’s administrator or management team about your concerns. They are required to investigate and address reports of elder neglect. Be sure to document the interaction, including the date, time, and the person you spoke with.

File a Complaint with Your Local Ombudsman’s Office

The Long-Term Care Ombudsman program advocates for patients and investigates abuse, neglect, or poor care complaints. Ombudsmen are trained to intervene, mediate, and work with facilities to resolve issues. You can file a formal complaint with the Ombudsman’s office to initiate an independent investigation.

Contact a Nursing Home Abuse Lawyer

Consulting an experienced Arlington nursing home abuse lawyer is crucial to protect your elderly relative’s legal rights and pursue accountability. An attorney can guide you through the legal process, investigate the abuse, and help you file a claim to seek fair compensation for any harm in a healthcare facility.

Contact an Arlington Nursing Home Abuse Lawyer Today!

At Nursing Home Law Center, our experienced attorneys have a proven track record of successfully handling nursing home abuse cases in Arlington and beyond. 

We understand the emotional and financial toll that abuse can take on residents and their families. Our law firm is committed to holding negligent facilities and staff accountable while pursuing the compensation you and your loved one deserve.

If you suspect elder abuse in an Arlington assisted living facility, don’t wait to take action. Contact us today for a free consultation. Let us provide the guidance, support, and legal expertise you need to protect your loved one and seek justice.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare