Chesapeake Nursing Home Abuse Lawyer

Nursing home neglect or abuse is a tragic and often hidden issue affecting many residents in Chesapeake and throughout Virginia. Families trust nursing homes and long-term care facilities to provide their loved ones a safe and supportive environment. Unfortunately, that trust is sometimes betrayed, leaving residents in nursing homes vulnerable to harm.

Seeking the help of a Chesapeake nursing home neglect lawyer is critical for holding the responsible parties accountable. An experienced attorney understands the unique challenges of abuse cases and can assist families in recovering financial compensation. 

By working with a law firm specializing in Virginia nursing home abuse cases, families can feel confident knowing their loved one’s best interests are being protected.

Why Hire Nursing Home Law Center

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

A Virginia attorney will conduct a comprehensive investigation to address every aspect of the case, including medical costs, emotional suffering, and other damages. Drawing on our deep knowledge of claims regarding Virginia nursing homes, we work diligently to build strong cases and fight to protect your legal rights.

Types of Cases Handled by Our Chesapeake Nursing Home Abuse Lawyers

Chesapeake nursing home abuse occurs when residents in nursing homes or long-term care facilities suffer harm due to intentional acts, neglect, or lack of adequate care. This mistreatment can have devastating consequences. At Nursing Home Law Center, our Chesapeake nursing home negligence lawyers handle various abuse cases, ensuring victims receive compensation.

Physical Abuse

Physical abuse in nursing homes involves intentional harm caused to a Chesapeake resident through force or violence. This includes hitting, kicking, pushing, or improperly using physical restraints. Residents in nursing homes may suffer broken bones or severe pain.

Mental and Emotional Abuse

Emotional abuse in nursing homes can inflict severe psychological harm on residents. This includes verbal insults, threats, intimidation, or isolating a resident from others. While it doesn’t cause physical pain, it does cause significant emotional pain. We’ll help make sure the Chesapeake nursing facility is held liable for their actions.

Sexual Abuse

Sexual assault in nursing homes is a profoundly traumatic violation that involves any unwanted sexual contact or inappropriate behavior toward a resident. Sexual abuse can include physical acts, harassment, or coercion, often made possible by inadequate supervision or failure to properly vet Chesapeake staff members.

Medical Malpractice

Medical malpractice in nursing homes arises when residents fail to receive proper medical care, leading to harm. Examples include untreated bed sores, incorrect medication and dosages, or mismanagement of chronic conditions like diabetes. A Virginia attorney can help you determine if you have a medical malpractice case. 

Negligence

Chesapeake nursing home negligence occurs when staff fail to provide the necessary supervision or assistance for basic needs. Neglect can result in poor hygiene, malnutrition, dehydration, or even elopement (wandering away from the facility). Nursing homes may not correctly supervise residents, leading to a dangerous fall. 

Financial Abuse

Financial exploitation in nursing homes occurs when someone takes advantage of a resident’s assets for personal gain. Financial abuse might involve stealing money, forging checks, or coercing residents into altering their wills. Nursing homes must perform background checks to help protect residents from individuals with a previous record of crimes like this.

Wrongful Death

Wrongful death in nursing homes can result from severe neglect, such as malnutrition or untreated medical conditions, or from injuries. Families need a Chesapeake law firm to hold nursing homes accountable and seek compensation for their devastating loss.

Understanding Your Legal Rights

Federal and state laws safeguard nursing home residents’ right to receive proper care and live in a safe environment. When these rights are violated, residents and their families have legal avenues to hold responsible parties accountable and pursue compensation for harm suffered.

The Nursing Home Reform Act of 1987 sets national standards for the care and treatment of residents in nursing facilities that receive Medicare or Medicaid funding. Under this law, Virginia residents have the right to:

• Be free from abuse, neglect, and exploitation
• Receive proper medical care and support for daily living needs
• Live in a safe, clean, and dignified environment
• Participate in decisions regarding their care and treatment plans

Nursing homes in Chesapeake, VA, that fail to meet these standards face legal consequences and penalties.

Virginia nursing home laws further protect residents by requiring care facilities to meet specific safety and care standards. This includes maintaining adequate staffing levels, providing individualized care plans, and ensuring a sanitary environment. Facilities that fail to adhere to these regulations may be liable for harm caused by their negligence or misconduct.

Eligibility to File a Nursing Home Abuse Claim 

When nursing home abuse or neglect occurs, several parties can file a legal claim:

• The resident: If capable, the victim can file a claim directly to seek compensation for their injuries and other damages.
• Family members or legal guardians: When the resident cannot act due to physical or cognitive impairments, a family member or appointed guardian can file a claim on their behalf.
• The estate of a deceased resident: In cases of wrongful death, the estate’s representative can pursue legal action to hold the Chesapeake facility accountable for the harm that led to the resident’s passing.

Liability in Nursing Home Neglect and Abuse Cases 

Chesapeake nursing home abuse and neglect can result from the actions or inactions of multiple parties. Identifying the responsible parties is critical for pursuing financial compensation and holding them accountable for the harm caused to residents.

Nursing Home Owners and Administrators

Facility owners and administrators ensure that the Chesapeake nursing home complies with federal and state regulations. They can be liable if they fail to maintain safe conditions, hire qualified staff, or provide necessary training. 

For example, a for-profit nursing home that cuts costs by understaffing may be accountable for harm caused by neglect.

Staff Members

Staff members, including nurses, aides, and caregivers, can be held directly liable for abusive actions or negligent behavior. 

For instance, a Chesapeake caregiver who uses excessive force, resulting in broken bones or physical injuries, can be sued for their actions. Staff members are also responsible for ensuring residents’ daily needs, like hygiene and meals, are met.

Medical Providers

Medical providers in nursing homes, such as doctors or pharmacists, may be liable for malpractice if they fail to deliver proper care. This could include mismanaging medications, delaying treatment, or neglecting to monitor chronic health conditions. 

For example, a resident suffering harm from a medication error may have a claim against the Chesapeake facility’s medical team.

Third-Party Contractors

Nursing homes often rely on third-party contractors for services like maintenance, food preparation, or specialized medical care. If a contractor’s negligence leads to harm, they can share liability. 

For example, a maintenance company failing to fix a hazard like a broken railing that causes a resident to fall could be held accountable.

Other Residents or Visitors

In some cases, other patients or visitors may cause harm, especially when the facility fails to supervise properly. 

For instance, a resident injured in an altercation with another resident may have grounds to hold the Chesapeake nursing home liable for failing to prevent the incident.

How Our Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our Virginia nursing home abuse lawyers understand the immense challenges families face when their loved ones are harmed in long-term care facilities. 

Our law firm is committed to securing justice, recovering damages, and ensuring that nursing homes are accountable for their actions. We provide comprehensive legal assistance to guide families through every step of the process, including the following services:

Free Consultation

We start with a free consultation to review the details of your situation and discuss your legal options. During this initial meeting, we will listen to your concerns, answer your questions, and help you determine the best action to protect your loved one’s rights. 

We’ll look into whether a for-profit facility should be held liable, such as if they are known or not conducting background checks.

Case Investigation

Our personal injury lawyers thoroughly investigate your Chesapeake nursing home abuse case to uncover the truth. 

This includes collecting evidence such as medical records, facility inspection reports, and witness statements, as well as identifying signs of neglect like unsanitary living conditions, bed sores, or broken bones. Our goal is to build a strong case that supports your claim.

Filing the Claim

Once we gather the necessary evidence, we prepare and file the legal claim on your behalf. This includes drafting legal documents, ensuring compliance with Chesapeake filing deadlines, and managing all process aspects. We handle the legal complexities so you can focus on supporting your loved one.

Settlement Negotiation

Many Chesapeake cases are resolved through settlement negotiations. Our skilled lawyers will negotiate aggressively with the responsible parties or insurance providers to secure a fair settlement. We aim to recover damages for medical expenses, pain and suffering, emotional trauma, and other losses.

Trial Representation

If a fair settlement cannot be reached, our law firm is fully prepared to take your nursing home abuse case to trial. Our personal injury lawyers have extensive courtroom experience in Chesapeake and will present a compelling argument to a judge or jury. We are committed to achieving the best outcome for you and your family through settlement or trial.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 39 Medicare-certified nursing homes in Chesapeake, VA, but a significant majority face troubling performance issues. Approximately 72% of these facilities have an overall score rated below or much below average, raising concerns about the quality of care provided to residents.

Regarding health inspections, 69% of nursing homes fall below average, highlighting deficiencies in maintaining safe and compliant living conditions. Staffing levels are another critical concern, with 77% of facilities rated poorly, potentially contributing to inadequate supervision and care for residents.

While slightly better, quality measures still show room for improvement, with 26% of facilities receiving low ratings in this category. [1]

The worst-rated nursing homes in Chesapeake, VA, include:

Recognizing the signs of Virginia elder abuse is crucial for protecting residents from harm. 

• Unexplained injuries
• Marks from restraints
• Frequent falls
• Bed sores or infections
• Poor hygiene
• Sudden fear or anxiety
• Social withdrawal
• Uncharacteristic aggression or mood swings
• Unsanitary living areas
• Malnutrition or dehydration
• Inadequate supervision
• Unusual financial activity
• Loss of personal items
• Worsening health without explanation
• Overmedication or sedation

What to Do If You Suspect Chesapeake Nursing Home Abuse

If you suspect abuse or neglect, taking immediate and decisive action is essential to protect your family member. Follow these steps to address the situation effectively:

Call 911 if There is Immediate Danger

If your loved one is in immediate danger or at risk of serious harm, call 911 right away. Emergency services in Chesapeake can provide medical care, ensure their safety, and begin documenting the incident.

Report to the Nursing Home Administrator or Management

Inform the nursing home’s administrator or management team about your concerns. Facilities are required to investigate reports. Document your report, including the date, time, and who you spoke with, to create a record of your efforts.

File a Complaint with Your Local Ombudsman’s Office

The Long-Term Care Ombudsman program advocates for Chesapeake nursing home residents and investigates abuse, neglect, or inadequate care complaints. An Ombudsman can mediate between families and facilities to resolve issues and protect residents’ rights. Filing a formal complaint with their office initiates an independent investigation.

Contact a Nursing Home Abuse Attorney

Consulting an experienced Chesapeake lawyer is vital in protecting your family member’s rights and pursuing justice. An attorney at our law firm can investigate the situation, gather evidence, and help you file a legal claim to hold the responsible parties accountable and recover damages for your loved one’s suffering.

The Cost of Hiring a Chesapeake Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that families dealing with this may already be facing significant emotional and financial burdens. That’s why our Chesapeake nursing home negligence lawyers work on a contingency fee basis. 

This means you pay our law firm nothing upfront, and we only collect a fee if we successfully secure compensation for you and your loved one.

You Have Limited Time to Take Legal Action in Chesapeake

If you believe your loved one has suffered from Chesapeake nursing home abuse or neglect, it’s essential to act promptly due to the statute of limitations. This law imposes a specific deadline for filing legal claims, and failing to act within the allowed time could prevent you from pursuing compensation.

In Chesapeake, Virginia, most abuse cases must be filed within two years of the incident occurring or being discovered.

Acting quickly is in your best interest because evidence can disappear, and witnesses may forget details over time. By contacting a Chesapeake nursing home abuse lawyer early, you can ensure your claim is filed on time, evidence is preserved, and a strong case is built to protect your loved one’s rights.

Contact a Chesapeake Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our attorneys have extensive experience handling nursing home abuse cases in Chesapeake and throughout Virginia. 

We are committed to fighting for the rights of nursing home residents and holding negligent facilities accountable. Our legal team has successfully secured compensation for victims and their families, helping them find justice and peace of mind.

If you suspect your family member has been harmed in a Chesapeake long-term care facility, don’t wait to take action. Contact us today for a free consultation. We are here to provide the guidance and support you need to protect your loved one. We always keep your best interest in mind. 

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

References: [1] Medicare