Virginia Nursing Home Abuse Neglect Lawyer

Most families trust nursing homes and assisted living facilities to provide compassionate care for their loved ones, but unfortunately, that trust is often broken. When nursing home abuse occurs, it is essential to seek immediate legal assistance from an experienced Virginia nursing home abuse lawyer. 

By working with a qualified nursing home abuse attorney, victims and their family members can pursue justice and recover compensation.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to securing justice and compensation for residents who have suffered abuse in Virginia nursing homes. Our experienced legal team has a proven history of handling nursing home abuse cases and achieving significant settlements and verdicts.

We conduct detailed investigations to address every aspect of the abuse, including medical expenses, emotional harm, and other related damages. With our extensive experience in nursing home abuse claims, we effectively manage the complexities of each case and work relentlessly to protect your rights.

Types of Cases Handled by Our Virginia Nursing Home Abuse Lawyers

Elder abuse occurs when residents in nursing homes or assisted living facilities are harmed through intentional acts of mistreatment or negligent care. This abuse can take various forms, each of which can have severe physical, emotional, and financial consequences for the victim. 

At Nursing Home Law Center, our experienced lawyers handle many abuse cases, ensuring nursing home residents receive justice and compensatory damages.

Physical Abuse

Physical abuse includes the use of physical force that results in harm or serious injury, such as hitting, slapping, or improper use of restraints.

Mental and Emotional Abuse

Mental and emotional abuse involves verbal threats, intimidation, humiliation, or isolation, which can leave residents feeling frightened, anxious, or depressed. This form of abuse often goes unnoticed, though it can cause long-term psychological damage.

Sexual Abuse

Sexual abuse includes any non-consensual sexual contact or behavior toward an elderly resident, leaving physical and psychological scars on the victim.

Medical Malpractice

Medical malpractice in an assisted living facility occurs when staff members fail to provide proper medical care. Examples include bed sores (also known as pressure ulcers) from failing to reposition immobile residents, medication errors, or failure to address serious health conditions.

Negligence

Negligence occurs when nursing homes fail to meet residents’ basic needs. This neglect can include poor personal hygiene, malnutrition, dehydration, failure to prevent elopement (wandering away from the facility), or leaving residents in unsafe conditions.

Financial Abuse

Financial abuse involves the improper or unauthorized use of a resident’s financial resources. This misappropriation can include theft, manipulation of financial accounts, or coercion to alter legal documents like wills or power of attorney.

Wrongful Death

In the most tragic cases, nursing home neglect or abuse can lead to the death of an elderly resident. Surviving family members can file a wrongful death claim to seek compensation for their devastating loss.

Understanding Your Legal Rights

Several important state and federal regulations protect Virginia’s elderly residents, ensuring their safety, dignity, and quality of care.

One of the most significant federal laws governing the rights of nursing home residents is the Nursing Home Reform Act of 1987. This law applies to all nursing homes that receive Medicare or Medicaid funding. The act outlines that residents have the right to:

• Dignity, respect, and the freedom to live without abuse, neglect, or exploitation.
• Proper medical treatment and the right to participate in decisions about their healthcare.
• Privacy and the ability to communicate freely with family members and outside parties.
• The right to be free from physical and mental abuse, including the use of restraints, unless medically necessary.

This federal law also mandates that nursing homes meet certain staffing requirements, maintain high standards of care, and provide access to medical care and services. This access allows residents to attain and maintain the highest practicable physical, mental, and psychosocial well-being.

In addition to federal regulations, Virginia has its own laws to protect residents in nursing homes and assisted living facilities.

The Virginia Department of Social Services oversees the regulation and licensing of these facilities to ensure compliance with state laws and prevent elder abuse, neglect, and exploitation. Under Virginia state law, residents have the right to:

• Receive proper care that meets their physical, mental, and emotional needs.
• Be free from physical abuse, sexual abuse, and financial exploitation.
• Have access to necessary medical care, medications, and treatment.
• Voice concerns without fear of retaliation.

Additionally, Adult Protective Services (APS) in Virginia investigates reports of suspected abuse or neglect and ensures that vulnerable adults are protected from harm.

Eligibility to File a Nursing Home Abuse Claim 

If nursing home negligence occurs, several parties may have the legal right to file a claim:

• The Resident: If the nursing home resident is capable, they can file a claim for the suffered harm.
• A Family Member or Legal Guardian: If the resident is incapacitated or unable to file a claim independently, a legal guardian or a family member with the proper authority can file on their behalf.
• The Estate of a Deceased Resident: In the event of a resident’s death due to nursing home neglect or abuse, the deceased’s estate may file a wrongful death lawsuit to seek justice and compensation for their loss.

How Our Virginia Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our nursing home attorneys are dedicated to fighting for the rights of elderly residents and holding negligent facilities accountable for their actions.

We understand the emotional and financial toll that nursing home abuse takes on victims and their family members, and we are committed to providing compassionate and effective legal representation.

We start by offering a free consultation to assess the details of your case. We will listen to your concerns during this evaluation, review any available evidence, and discuss your legal options. 

This initial consultation is free, and you are not obligated to proceed unless you choose to. Our goal is to provide clarity and guidance, helping you make informed decisions about how to move forward.

Once we take on your case, we thoroughly investigate the negligent nursing home. Our team will gather key evidence, such as medical records, witness statements, and facility reports, to build a strong case. 

We also work closely with medical experts and professionals who can testify to the harm caused by physical abuse, sexual abuse, nursing home neglect, or financial abuse.

After gathering sufficient evidence, we proceed with filing a nursing home abuse claim on your behalf. Our team will handle all the necessary paperwork, ensuring the claim is filed correctly and within the required time limits. We will also communicate with the nursing home facility, their legal team, and any relevant insurance company to initiate the legal process.

In many cases, nursing home abuse claims can be resolved through settlement negotiations. Our attorneys are skilled negotiators who will work to secure a fair settlement that compensates for medical expenses, emotional trauma, and other damages. We will engage with the nursing home facility’s legal team to negotiate a resolution that meets your needs without a lengthy court battle.

If a fair settlement cannot be reached, our experienced Virginia nursing home abuse lawyers are fully prepared to take your case to trial. We have extensive courtroom experience and will present a compelling case to ensure justice. At Nursing Home Law Center, we are committed to pursuing the best possible outcome for your family, whether through settlement or trial.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Virginia, there are a total of 290 Medicare-approved nursing care facilities. Of these, 137 nursing homes (47.2%) have an overall rating below or much below average. Specifically, 122 facilities (42%) fall short in health inspections, and 189 nursing homes (62.2%) have inadequate staffing. Lastly, 51 nursing home facilities (17.6%) were rated poorly regarding quality measures. [1]

Recognizing the signs of nursing home abuse is essential to protecting your elderly relative from harm. Below are some of the most common indicators of abuse or neglect in nursing homes:

• Unexplained injuries
• Pressure sores
• Recurring infections
• Sudden mood swings
• Withdrawal from social interactions
• Depression or anxiety
• Fear of staff members
• Fear of physical contact
• Sexually transmitted disease (STD)
• Unexplained financial transactions
• Changes in legal documents
• Missing personal belongings
• Unsanitary living conditions
• Lack of medical care
• Dehydration and malnutrition

The worst-rated Virginia nursing homes include:

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is a victim of nursing home negligence, it’s crucial to act quickly to protect their well-being. Here are the steps you should take:

• Call 911 if Immediate Danger Is Present: Emergency responders can provide medical treatment, and proper authorities can intervene to ensure their safety.
• Report to the Nursing Home Administrator or Management: If the situation is not an emergency, report the suspected abuse to the nursing home administrator or management. Document your concerns in writing and keep copies of any communications.
• File a Complaint with Your Local Ombudsman’s Office: If you are not satisfied with the facility’s response, you can file a complaint with your local Ombudsman’s office. The Ombudsman advocates for residents in nursing homes and assisted living facilities, investigating complaints and ensuring the residents’ rights are upheld.
• Contact a Nursing Home Abuse Lawyer: Consult an experienced Virginia nursing home abuse lawyer to explore your legal options. A lawyer can help investigate the abuse, gather evidence, and take legal action against the nursing home or assisted living facility.

Contact a Virginia Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced attorneys are dedicated to protecting the rights of elderly residents and their families. With a proven track record of handling personal injury cases, we understand the complexities involved in these sensitive matters. 

Our team works tirelessly to hold nursing homes accountable for any harm caused to their residents. We are committed to securing justice and obtaining compensation for injured victims and their families.

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

References: [1] Medicare