Virginia Beach Nursing Home Abuse Lawyer

Virginia Beach Nursing Home Abuse Lawyer

Nursing home abuse is a tragic reality that affects countless vulnerable individuals in Virginia Beach and across southeast Virginia. For families, it can be devastating to learn that their elderly loved one has endured harm in what was supposed to be a safe environment.

If you suspect that abuse or neglect is occurring in a Virginia Beach nursing home, it is vital to act quickly. An experienced Virginia Beach nursing home abuse lawyer at our law firm can help you hold the facility accountable and seek justice for your loved one.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to helping victims of abuse secure justice and obtain the compensation they deserve. Our nursing home neglect attorneys have a strong history of handling these cases with care and achieving meaningful settlements and verdicts on behalf of our clients.

We thoroughly investigate each case to uncover every detail of the abuse, including medical costs, emotional suffering, and other damages. With extensive knowledge of nursing home claims, we work diligently to address all aspects of the case and advocate for your rights.

Types of Cases Handled by Our Virginia Beach Nursing Home Abuse Lawyers

Virginia Beach nursing home neglect or abuse occurs when residents suffer harm due to intentional actions, neglect, or exploitation in an assisted living facility. Such abuse can take many forms, each of which can cause significant physical harm, emotional trauma, or even death. 

At Nursing Home Law Center, our experienced Virginia Beach nursing home lawyers handle various cases to ensure victims and their families receive justice and compensation.

Physical Abuse

Elderly physical abuse involves any use of force that causes injury or distress to a nursing home resident. Examples include hitting, shoving, or kicking and improper use of restraints. It may result in severe injuries in Virginia Beach nursing facilities, such as broken bones, mobility issues, or even death.

Mental and Emotional Abuse

Elderly mental and emotional abuse includes behaviors that harm a resident’s emotional well-being or dignity. This type of abuse could involve verbal insults, threats, intimidation, or deliberate isolation.

Sexual Abuse

This abuse refers to any unwanted sexual activity or contact involving a nursing home resident. It is the nursing home’s responsibility to keep residents safe, and our law firm can help hold them accountable.

Medical Malpractice

When Virginia Beach nursing homes fail to provide proper medical care, it can result in serious injury or harm. Bed sores (pressure ulcers) from inadequate repositioning, medication errors, or failure to treat medical conditions are common examples of medical malpractice in a nursing home setting.

Negligence

Nursing home negligence occurs when Virginia Beach caregivers fail to meet a resident’s basic needs. Neglect can include poor hygiene, malnutrition, dehydration, or incidents where residents wander away from the facility (elopement).

Financial Abuse

Financial abuse involves the exploitation of a resident’s assets or funds. Examples include stealing money, forging signatures, or pressuring residents to alter wills or other financial documents.

Wrongful Death

When abuse or neglect leads to a premature death, families in Virginia Beach may pursue a wrongful death claim. These cases often involve severe nursing home neglect, such as untreated medical issues or instances of abuse. A Virginia Beach nursing home abuse lawyer can help families hold the responsible parties accountable for their loved one’s unnecessary loss.

Understanding Your Legal Rights

Virginia Beach nursing home patients are protected under both federal and state laws, which establish their right to live in a safe and dignified environment free from nursing home neglect. These laws hold nursing homes and assisted living facilities accountable for providing adequate care and respecting the well-being of residents. 

Federal Laws Protecting Nursing Home Residents

The Nursing Home Reform Act of 1987 is a cornerstone federal law designed to safeguard residents’ rights in nursing home settings. Under this law, residents are guaranteed:

• The right to receive adequate care and services that support their physical, emotional, and social well-being
• The right to live free from abuse and neglect
• The right to make decisions about their care and voice complaints without fear of retaliation
• The right to privacy, dignity, and personal autonomy within the facility

In addition, federal regulations mandate that nursing homes meet specific staffing, safety, and operational standards. Virginia Beach facilities that fail to comply with these regulations can face fines, penalties, and legal liability.

Virginia-Specific Protections

In Virginia, state laws provide additional protections for residents, ensuring they are treated respectfully and receive appropriate care. The Virginia Department of Health and other state agencies enforce these standards. Families can also report suspected abuse to Virginia’s Adult Protective Services (APS), which investigates and intervenes in Virginia Beach neglect cases.

Eligibility to File a Claim 

When nursing home neglect occurs, several parties may be eligible to file a lawsuit:

• The nursing home residents themselves, if they are capable of taking legal action
• Legal guardians or individuals with power of attorney acting on behalf of the resident
• A family member of the victim, especially in cases of severe harm, wrongful death, or situations where the residents cannot advocate for themselves

Liability in Nursing Home Neglect and Abuse Cases 

In cases of nursing home neglect, multiple parties may share responsibility for the harm caused to residents. Liability is not limited to the actions of individual staff members—it can also extend to nursing homes, management, corporate owners, and even third-party contractors. 

Identifying all liable parties is critical to ensuring victims and their family members receive appropriate compensation.

Caregivers and Staff Members

Direct caregivers often bear liability in cases, particularly when they engage in physical and sexual abuse. Caregivers may also be responsible for neglecting basic needs, like assisting with personal hygiene or addressing medical concerns such as infections or bed sores.

Nursing Home Management

Management teams at nursing homes also play a significant role in ensuring a safe environment. They may be held liable for hiring unqualified or inadequately trained staff members, ignoring signs of neglect such as weight loss or pressure ulcers, or failing to maintain a clean and safe living environment that provides care for residents.

Corporate Ownership

In many instances, nursing homes are owned and operated by large, for-profit corporations. These organizations may prioritize profits over safety, implementing cost-cutting measures that lead to systemic issues like understaffing or reduced training. When corporate policies contribute to nursing home neglect, the parent company can also be held accountable.

Third-Party Contractors

Some Virginia Beach facilities rely on third-party contractors for essential services, such as medical care, security, or maintenance. If these outside providers act negligently, such as administering incorrect medication or failing to address safety hazards, they may share liability for the harm caused.

Medical Providers

Doctors, nurses, and other medical staff who provide substandard medical care in Virginia Beach can be held liable under medical malpractice laws. Common examples include ignoring symptoms of malnutrition, dehydration, infections, or failing to treat mobility issues.

How Our Virginia Beach Nursing Home Neglect Attorneys Can Help

At Nursing Home Law Center, we are dedicated to providing compassionate and effective legal support for Virginia Beach families impacted by nursing home neglect. 

With extensive legal experience handling such cases, our Virginia nursing home neglect attorneys understand these situations’ emotional and financial challenges. Our senior justice law firm is committed to holding nursing homes accountable for their actions.

Free Case Evaluation

We offer a free consultation to review the details of your case. During this meeting, our Virginia Beach attorneys will discuss the signs of abuse or neglect you’ve observed, provide an initial assessment of your legal options, and answer any questions you may have. This step ensures you feel informed and confident about pursuing compensation for your loved one.

Case Investigation

Our team conducts a thorough investigation into the circumstances surrounding the abuse or neglect. This includes gathering evidence such as medical records, interviewing witnesses, and reviewing the nursing home’s responsibility in providing care. 

By uncovering critical details like improper staffing, poor facility conditions, or violations of federal law, we build a strong foundation for your claim.

Filing the Claim

Once our law firm has compiled the necessary evidence, we will file a lawsuit or personal injury claim on your behalf. This includes ensuring all legal documents are completed correctly and submitted within Virginia’s statute of limitations. Our attorneys will identify all liable parties, from individual caregivers to corporate owners, to maximize your chances of obtaining compensation.

Settlement Negotiation

Many Virginia Beach cases are resolved through settlement negotiations. Our attorneys are skilled negotiators who will advocate fiercely on your behalf to secure fair compensation. This includes recovering damages for medical expenses, emotional trauma, and other losses caused by the abuse or neglect.

Trial Representation

Our attorneys are fully prepared to take your case to court if a fair settlement cannot be reached. We provide aggressive and professional representation during trial, presenting compelling evidence to hold the responsible parties accountable. 

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 32 Medicare-certified nursing homes in Virginia Beach, but many of these nursing homes fail to provide high-quality care. 78% of nursing homes received an overall rating of below average or much below average. Similarly, 72% of facilities were rated poorly in health inspections, indicating significant issues with safety and compliance.

Staffing levels are another concern, with 78% of nursing homes failing to meet adequate standards. This highlights ongoing challenges in ensuring enough qualified caregivers are available to meet residents’ needs. 

Additionally, 25% of facilities received low ratings for quality measures, which evaluate how well nursing homes manage residents’ medical care and basic needs. [1]

The worst-rated nursing homes in Virginia Beach include:

Recognizing elder abuse in a nursing home can be challenging, but there are warning signs that families should watch for. Understanding the most common signs can help you identify when a nursing home resident may be suffering and take action to protect their well-being.

• Physical injuries such as bruises, cuts, burns, or broken bones
• Bed sores (pressure ulcers) or repeated hospital visits for preventable conditions
• Overmedication or visible signs of discomfort due to improper care
• Withdrawal, fearfulness, or agitation
• Avoidance of specific caregivers or signs of anxiety around others
• Poor hygiene, including unwashed hair, soiled clothing, or strong odors
• Weight loss, dehydration, or malnutrition
• Unattended medical conditions, infections, or wandering away from the facility (elopement)
• Bruising, bleeding, or unexplained injuries in sensitive areas
• Torn clothing or sudden changes in behavior, such as fearfulness or reluctance to be touched
• Unexplained withdrawals from accounts or missing valuables
• Unusual changes to financial documents, such as altered wills or powers of attorney

What to Do If You Suspect Nursing Home Abuse

If you suspect nursing home abuse, taking immediate action can protect your loved one and hold the responsible parties accountable. Follow these steps to address the situation effectively:

Call 911 if Your Loved One is in Immediate Danger

If you believe your loved one is at risk of serious harm or in need of urgent medical attention, contact emergency services right away. Law enforcement can intervene and ensure your family member’s safety.

Report the Abuse to the Nursing Home Administrator or Management

Notify the nursing home’s administrator or management team about your concerns. Facilities must investigate reports of abuse or neglect and take corrective action to protect residents. Document your communication and any responses you receive for future reference.

File a Complaint with Your Local Ombudsman’s Office

Your area’s Ombudsman’s office serves as an effective advocate for residents and their families. Ombudsmen investigate complaints about nursing home neglect, poor conditions, and abuse. They work to resolve issues with the facility and ensure residents’ rights are protected. Filing a complaint with this office adds an additional layer of oversight to your case.

Contact a Nursing Home Abuse Attorney

Consulting an experienced Virginia Beach nursing home abuse attorney is essential to protecting your loved one’s rights and seeking justice. A skilled attorney can guide you through the legal process, investigate the abuse, and file a lawsuit to pursue compensation for your loved one’s injuries and suffering.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims and their family members have the right to pursue compensation for the harm caused by nursing home negligence. The damages in these cases are designed to address the tangible and intangible losses suffered.

Economic Damages

Economic damages compensate victims and families for the financial burden caused by the abuse. These include:

• Medical bills, such as the cost of treating injuries like broken bones, infections, or bed sores
• The cost of moving to a safer facility or hiring in-home care to ensure proper treatment
• Lost personal property or funds due to financial abuse, such as stolen money or altered financial documents

Non-Economic Damages

Noneconomic damages recognize that abuse often has lasting psychological effects beyond financial costs. This includes:

• Compensation for the pain and suffering caused by physical injuries
• Acknowledgment of the resident’s loss of dignity and reduced quality of life due to neglect or poor care
• Emotional distress such as anxiety, depression, or trauma caused by living in an unsafe or hostile nursing home setting

Punitive Damages

Punitive damages are awarded in cases where the conduct of the nursing home or staff members was especially egregious or intentional. The purpose of punitive damages is to punish the wrongdoer and deter similar behavior in the future.

Wrongful Death Damages

If nursing home negligence results in the premature death of a resident, the surviving family may seek compensation for the emotional loss of a loved one, including loss of companionship and guidance.

The Cost of Hiring a Virginia Beach Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that families dealing with abuse often face emotional and financial challenges. To make legal representation accessible, our senior justice law firm works on a contingency fee basis. This means there are no upfront or out-of-pocket expenses to hire our team. We only receive payment if we successfully recover compensation.

You Have Limited Time to Take Legal Action in Virginia Beach

If you suspect nursing home neglect in Virginia Beach, it is crucial to act quickly. Virginia law imposes a strict statute of limitations on filing a nursing home abuse lawsuit, typically giving victims or their families two years from the date of the abuse—or when it was discovered—to pursue legal action.

Failing to file a claim within this timeframe can result in losing the right to seek compensation, even if the evidence strongly supports your case. An experienced Virginia Beach attorney can help you understand the deadlines that apply to your case and ensure all necessary steps are taken promptly.

Contact a Virginia Beach Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, we are committed to helping victims of nursing home neglect secure justice and compensation. With extensive experience handling nursing home abuse cases in Virginia Beach and beyond, our attorneys understand the challenges families face and work tirelessly to hold nursing homes accountable.

If you or a family member has experienced harm in an assisted living facility, don’t wait to take action. Our senior justice law firm offers a free consultation to discuss your case, and we work on a contingency fee basis, meaning you pay nothing unless we win.

Contact us today to speak with a trusted Virginia Beach nursing home abuse attorney and take the first step toward protecting your loved one’s rights and well-being.

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

References: [1] Medicare