As the population ages, the number of older Americans in nursing homes and assisted living facilities continues to increase. It is a difficult decision to place a loved one in any long-term-care facility. Many times a nursing home is understaffed, creating the possibility of neglect or abuse. In Virginia, several law firms can assist you if a loved one has suffered in a nursing home or long-term-care facility.
The Law
The law allows for recovery when an individual is injured or dies from the abuse or neglect of a staff member or employee of a nursing home or adult care facility. Some cases require criminal investigations. According to the Virginia State Bar Association, you have two years from the time of the occurrence to file a lawsuit. Virginia has more than 40,000 attorneys, according to 2009 U.S. Census records. Many have specialties. In Virginia Beach, one firm with an elder abuse specialty, Bennett and Zydron, P.C., has a legal nurse consultant, four attorneys and one investigator.
Warning Signs
A sign of elder abuse common in nursing homes and long-term-care facilities is pressure sores, also known as bedsores or ulcers. These occur when the patient is not turned in bed regularly. Other signs are dehydration and malnutrition, bruising -- which can indicate possible assault -- restraint injuries on the wrist, fractures, wandering, or wanting to leave the facility. Also be alert for prescription errors.
Wrongful Death
If you have lost a family member at the hands of a caretaker, many firms will evaluate your claim free of charge according to state law and precedent.
Filing Complaints
Adult Protective Services in Fairfax, Virginia states that anyone can report suspected abuse and neglect of elderly persons. If you suspect neglect or abuse in a nursing home, complain to a nurse, a supervisor, the director of nursing, and the administrator until the harm has been removed and your loved one is safe. If the situation puts someone in immediate jeopardy, transfer the patient to a hospital. Then contact adult protective services, your local Department of Social Services, or the Virginia Department of Health, which will investigate the claim.
Other Advice
Removing your loved one from harm's way should be your priority if you suspect abuse, according to the Robert W. Carter Jr. firm in Appomattox and Lynchburg. After that, you can consider legal action.
Resources
The Virginia State Bar Association lists information about attorneys in good standing for your consideration when choosing a firm. The association will furnish texts of opinions at no cost. The site offers access to a Senior Citizens Handbook, which includes rights of the elderly and advice for caregivers.
References
- Bennett and Zydron: Nursing Home Abuse/Neglect
- The Joel Beiber Firm: Personal Injury Law Firm
- Jennings and Jennings: Experienced Attorneys in Richmond, Virginia
- Robert W. Carter, Jr.: Protecting the Victims of Nursing Homes
- Williamson & Levecchia: Welcome
- Adult Protective Services: Fairfax County, Virginia
