Richmond Nursing Home Abuse Lawyer

Nursing home abuse is a serious issue that affects some of the most vulnerable members of society—elderly individuals who deserve compassionate care. For victims and their families, the impact of such abuse can be devastating, often leading to significant physical, emotional, and financial harm.

In these challenging times, seeking legal help from an experienced Richmond nursing home abuse lawyer is crucial. With their expertise, victims of nursing home abuse can seek compensation, stop further harm, and ensure that responsible parties are held accountable for their actions.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to securing compensation for those affected by nursing home abuse. Our skilled legal team has extensive experience handling nursing home abuse cases with care and delivering substantial results through settlements and verdicts.

Our skilled nursing home neglect attorneys conduct comprehensive investigations to ensure that every aspect of the abuse is uncovered and addressed, from medical costs to emotional suffering and other related damages. With our extensive knowledge of nursing home abuse claims, we handle each case with precision and determination, fighting to safeguard your rights.

Throughout your case, we offer compassionate guidance and clear communication, ensuring you and your family feel supported, protected, and fully informed.

Types of Cases Handled by Our Richmond Nursing Home Abuse Lawyers

Nursing home abuse occurs when residents in Virginia nursing homes or assisted living facilities suffer harm due to mistreatment or neglect by staff members or other individuals. 

This abuse can take many forms, from physical harm to emotional manipulation, and each type of abuse has severe consequences for victims and their families. Below are the most common types of cases our Richmond nursing home abuse lawyers handle:

Physical Abuse

Physical abuse in Virginia nursing homes involves the intentional use of force that results in injury or pain. This can include hitting, kicking, or pushing a nursing home resident, as well as improper use of restraints.

Mental and Emotional Abuse

Mental and emotional abuse involves causing psychological distress to a Virginia nursing home resident through verbal assaults, threats, or humiliation. Examples of psychological abuse include insulting residents, isolating them from social interaction, or causing emotional distress through manipulation.

Sexual Abuse

Sexual abuse in a Virginia nursing home or assisted living facility is any non-consensual sexual contact with a resident, whether through physical force, coercion, or taking advantage of a vulnerable individual. 

Sexual abuse can result in severe trauma, both physically and emotionally. It may also lead to sexually transmitted diseases, infections, or a deep sense of shame and fear for the victim.

Medical Malpractice

Medical malpractice in nursing homes occurs when healthcare professionals or staff fail to provide appropriate medical treatment, resulting in harm. 

Examples of medical malpractice include bedsores, which develop when nursing home residents are left in the same position for long periods, and medication errors, such as administering the wrong dosage or the wrong medication entirely. Our law firm provides a free consultation to help you determine if you have a case.

Negligence

Negligence in nursing homes occurs when the staff fails to meet residents’ basic needs, resulting in harm. This can include poor hygiene practices, leading to infections; malnutrition or dehydration, when residents are not provided adequate food or water; and elopement, where a resident wanders off without supervision, putting them at risk of injury.

Financial Abuse

Financial abuse in a Virginia nursing home involves the financial exploitation of a nursing home resident’s financial affairs without their consent. This may include unauthorized use of the resident’s funds, stealing personal property, manipulating the elderly person into changing their wil, or signing financial documents under duress.

Wrongful Death

Wrongful death occurs when Virginia nursing home abuse or neglect results in the death of a resident. This can happen due to extreme neglect, medical malpractice, or severe physical abuse. 

Family members who have lost a loved one in such a way have the right to file a wrongful death lawsuit to hold the responsible parties accountable for the loss of their elderly loved one.

Understanding Your Legal Rights

Nursing home residents are protected by federal and state laws that ensure their right to receive safe, dignified, and appropriate care. These laws set strict standards for nursing homes and assisted living facilities and hold them accountable for their residents’ well-being.

One of the most important federal laws protecting nursing home residents is the Nursing Home Reform Act of 1987. This act mandates that nursing homes provide services that maintain residents’ highest practicable physical, mental, and psychosocial well-being. It outlines specific rights for residents, including the right to be free from abuse, neglect, and exploitation. 

The act also requires nursing homes to provide proper medical treatment, hygiene, nutrition, and a safe living environment.

In addition to federal protections, each state has its laws and regulations governing nursing home facilities. 

Virginia law, for example, provides additional safeguards through the Virginia Department of Health’s Office of Licensure and Certification, which oversees the quality of care in nursing homes across the state. These regulations ensure facilities comply with specific health and safety standards and hold nursing homes accountable for violations.

Eligibility to File a Claim 

In cases of nursing home abuse or neglect, the legal claim can be filed by the victim or a family member acting on their behalf.

If the victim cannot take legal action due to incapacitation, a legal guardian or someone holding power of attorney may also file the claim. This may be a family member or court-appointed power of attorney.

In wrongful death cases, a surviving family member, such as a spouse, child, or other close relative, can pursue a claim to seek compensation for their loss. Family members often include a family member by blood or marriage. 

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home abuse and neglect cases, multiple parties may be held responsible for the personal injury caused to a resident.

• Nursing Home Facility: The nursing home itself is often the primary party held responsible in cases of abuse or neglect. Facilities must provide a safe environment, hire qualified staff, and meet residents’ basic needs. When the nursing home fails in these duties—whether through understaffing, poor supervision, or inadequate policies—it can be liable for the resulting harm.
• Nursing Home Staff Members: Individual caregivers, nurses, or other staff members can be directly responsible for acts of abuse, neglect, or mistreatment. This can range from physical or emotional abuse to failing to provide necessary medical care. Staff members may be liable if their actions or inaction caused harm to a resident.
• Management and Administrators: Nursing home management and administrators ensure the facility operates according to legal standards. If they neglect their duties by hiring unqualified staff, ignoring reports of abuse, or failing to provide proper training, they can be held liable for any abuse or neglect that occurs under their watch.
• Third-Party Contractors: Sometimes, nursing homes outsource certain services, such as food preparation, medical care, or cleaning. If a third-party contractor at the nursing facility fails to provide safe services or harms a resident, they can also be held accountable in a nursing home abuse claim.
• Medical Professionals: Doctors, nurses, or other healthcare providers working in the nursing home may also be held liable if they fail to meet the standard of care expected in residents’ medical treatment.
• Ownership Companies: Many nursing homes are part of larger corporations or ownership groups. These companies may be held liable if their corporate policies contribute to unsafe conditions, such as cutting costs by understaffing or failing to maintain the facility properly. They can be sued for prioritizing profits over the safety and well-being of residents.

How Our Richmond Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced Virginia nursing home abuse attorneys have a long history of successfully representing victims of abuse and neglect in nursing homes and assisted living facilities. Below are the essential services we offer to help you through every step of your nursing home abuse case:

Free Case Evaluation

Our law firm offers a free consultation to evaluate your case and determine the best action. During this initial meeting, we will review the details of the suspected abuse or neglect, explain your legal rights, and outline the possible outcomes of filing a nursing home abuse claim.

Case Investigation

Our team will gather all relevant evidence, including reviewing medical records and other documentation, witness statements, and facility inspection reports, to identify the responsible parties and the extent of the abuse. After that, a nursing home abuse attorney will explore your legal options. We can also explain a family member’s rights in a wrongful death claim.

Filing the Claim

Once we have gathered sufficient evidence, our attorneys will file a nursing home abuse claim on your behalf. This process involves drafting legal documents that outline the abuse or neglect your loved one experienced, naming the liable parties, and seeking compensation.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement negotiations rather than going to trial. Our attorneys are skilled negotiators who will work directly with the nursing home facility, their insurance company, and legal representatives to secure the maximum compensation for your family.

Trial Representation

Our attorneys are fully prepared to take your case to trial if a fair settlement cannot be reached. We have extensive experience representing injured victims in court and will fight to hold the nursing home accountable for its actions.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 37 Medicare-approved nursing homes in Richmond, Virginia, and many of these facilities are struggling with their overall ratings and inspections. Specifically, 26 of these homes, or 70%, have received an overall rating of below or much below average. 

Health inspections present challenges, as 26 facilities (70%) scored poorly in this category. Staffing levels are a critical concern, with 28 nursing homes (76%) receiving below-average ratings. Eight nursing homes (22%) received low ratings regarding quality measures. [1]

Recognizing the signs of elder abuse in nursing homes is crucial to protecting your elderly loved ones from further Virginia nursing home abuse and neglect.

• Unexplained bruises, cuts, burns, or broken bones
• Physical pain
• Sexually transmitted disease
• Sudden changes in behavior, such as becoming withdrawn, anxious, or depressed
• Poor personal hygiene
• Unsanitary living conditions
• Bedsores (pressure ulcers)
• Unexplained changes in financial situation
• Fear of being touched or approached
• Wandering or elopement

The worst-rated nursing homes in Richmond include:

What to Do If You Suspect Nursing Home Abuse

If you believe that your elderly loved one is experiencing abuse or neglect in a nursing home, it’s essential to take immediate action to protect their safety and hold the responsible parties accountable.

1. Call 911 
2. Report the abuse 
3. File a Complaint with your local Ombudsman’s Office
4. Contact a nursing home abuse lawyer

Damages You Can Recover Through a Nursing Home Abuse Claim

If your elderly loved one has been a victim of nursing home abuse, taking civil action can help you recover compensation for the harm they have suffered.

Economic damages are meant to compensate for the financial costs directly related to the abuse or neglect.

Non-economic damages address the emotional and psychological harm caused by the abuse.

Punitive damages are awarded in cases where the abuse or neglect was particularly egregious or intentional. These damages are not meant to compensate the victim but to punish the responsible parties and serve as a deterrent to others.

You Have Limited Time to Take Legal Action in Richmond

If you suspect that your elderly loved one has suffered abuse or neglect in a Richmond nursing home, it’s essential to act quickly. 

In Virginia, the statute of limitations for nursing home abuse cases is typically two years from the date the abuse or neglect occurred or from the date it was discovered. Failing to take legal action within this time frame can result in losing your right to seek compensation.

Contact a Richmond Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced Richmond nursing home abuse lawyers are dedicated to fighting for the rights of nursing home residents and their families. With a proven track record of handling nursing home abuse cases, we have helped numerous families seek justice and recover compensation for the harm their loved ones have endured. 

Our legal team provides compassionate support and tenacious representation, ensuring that those responsible for abuse and neglect are held accountable.

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

References: Medicare