When caregivers entrusted with the safety of our family members cause harm, it is not only outrageous but a clear violation of their duty. A Virginia nursing home abuse lawyer will help hold the abusers accountable for their actions and seek justice.
Nursing home facility residents may feel vulnerable and powerless in the face of an abusive institution. However, I, attorney Ed Atkinson, will help you or your loved one stand up against their abuser and fight for a better life. Contact me today to discuss your options in a free initial consultation.
Understanding the Various Forms of Virginia Nursing Home Abuse
Nursing home abuse continues to be a serious problem in Virginia and nationwide, with many elderly residents suffering from physical, emotional, and financial harm at the hands of their caregivers.
According to the U.S. Department of Justice, more than 10% of those over 65 have experienced some form of abuse in the past year. If you or someone you know has been injured or neglected by someone in charge of their care, seek immediate legal support.
Abuse can take many forms, including:
- Physical abuse: This mistreatment involves using force or violence against a person, leading to harm. Physical abuse includes hitting, pushing, inappropriate use of restraints, force-feeding, and withholding food or medication.
- Sexual abuse: Any non-consensual sexual contact or behavior counts as abuse. Examples of sexual abuse include unwanted touching or kissing, sexual assault, and forcing the victim to watch or participate in sexual acts.
- Emotional abuse: Aggressive words or actions can cause emotional pain or distress. Examples of this form of mistreatment include yelling, name-calling, belittling, threatening, or isolating someone from their family or friends.
- Financial abuse: The unauthorized or illegal use of a person’s finances or property is a form of mistreatment. Examples include forging the victim’s signature, tricking them into signing documents or coercing them to give away their assets.
- Gross neglect: This involves the failure to provide the necessities of life, such as food, water, shelter, clothing, and medical care, to a resident.
If you are unsure whether you or a loved one were subject to abusive behavior, do not hesitate to contact me. I offer a safe space where you can share your experience with a trusted legal professional. I will investigate the circumstances of the incident and determine if you have grounds to take legal action.
For a free legal consultation with a Personal Injury lawyer serving Virginia, call 757-648-8579
Tell-Tale Signs of Nursing Home Abuse
Staying in touch with your loved one and visiting them regularly is essential for maintaining the bond and keeping an eye on their well-being. Unfortunately, the signs of nursing home neglect or abuse are not always immediately visible; sometimes, these reveal themselves over a longer period.
Older adults are often hesitant to report abuse; therefore, if you notice any behavioral changes or physical injuries, it’s important to investigate further and report any suspected abuse to the authorities.
Physical signs of abuse include:
- Weight loss
- Unexplained injuries like bruises, cuts, or welts
- Bedsores or pressure sores
- Restraint marks or signs of physical restraint
- Broken bones or fractures
- Poor hygiene and soiled clothing
Also, scrapes and bruises are not the only marks an aggressor can leave. Abuse can leave a strong psychological imprint that manifests through the victim’s behavior. This could show as:
- A withdrawal from social activities.
- A lack of interest in usual hobbies.
- Fear around certain nursing home staff members.
- Depression or mood swings.
- Changes in sleeping patterns or insomnia.
- A refusal to eat or take medication
- Increased confusion.
If you notice any signs of abuse, report the case to the authorities to ensure the victim’s safety and well-being.
Virginia Nursing Home Abuse Lawyer Near Me 757-648-8579
Uncovering the Responsible Parties in Virginia Nursing Home Abuse Cases
Identifying the liable party is important in seeking justice for the victim. In some cases, the at-fault person may be obvious, such as a caregiver caught physically abusing an elderly resident. However, in other cases, it may be more difficult to determine who is responsible for the abuse or neglect.
Understaffed nursing homes continue to be a problem in Virginia, and unfortunately, this can lead to elder neglect. When there are not enough qualified staff members to care for the residents, important tasks (such as medication administration, grooming, and mobility assistance) can be neglected or overlooked.
Other Parties Potentially Liable for Nursing Facility Abuse
While the caregiver is usually responsible in these cases, other parties can also be liable. The at-fault party could be any of the following:
- Supervisors or managers
- Outside contractors
- Nursing home facilities
As an experienced Virginia nursing home abuse attorney, I will thoroughly investigate the incident, including reviewing medical records, interviewing witnesses, and examining any physical evidence.
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Securing Compensation for Victims of Nursing Home Abuse in Virginia
Abuse in long-term care facilities can have a devastating impact on victims and their families. In Virginia, there are laws and regulations in place to protect residents from being mistreated.
If a resident has been a victim of abuse, they may be entitled to compensation for their losses. This can include:
- Medical expenses
- Pain and suffering
- Mental anguish
- Emotional distress
- Lost quality of life
To secure damages, I will use the available evidence to prove that the victim suffered harm. Physical injury cases are generally less challenging to prove due to the medical trail supporting the damage, including photographs, medical bills, and test results.
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Virginia’s Statute of Limitations for Personal Injury Cases
Plaintiffs typically have two years from the incident date to file their nursing home abuse claim, according to the statute of limitations in the Virginia Code § 8.01-243. Failing to meet this deadline will likely result in case dismissal.
However, the time you have to file your claim could vary depending on specific circumstances. As your Virginia nursing home abuse attorney, I can help you take legal action and ensure you meet the statute of limitations time frame.
Protecting the Rights of Nursing Home Residents
Virginia residents living in nursing homes and assisted living facilities have rights protected by law. These include the right to receive proper medical care and treatment, to be treated with dignity and respect, and to be free from abuse, neglect, and exploitation.
Residents and their families could have legal recourse to seek compensation if a long-term care facility violates these basic rights. I will help you better understand these rights and provide information so you can make the best decision for your situation.
As a Virginia personal injury lawyer, I have made it my mission to safeguard the rights of those who have been mistreated or abused. Therefore, I approach each case with empathy, compassion, and the time to truly listen to your story.
Call a Virginia Nursing Home Abuse Lawyer Today
Unfortunately, nursing home staff, health care workers, and other individuals responsible for your loved one can cause physical injuries and emotional trauma that cause lasting scars. However, when you hire Atkinson Law to handle your claim, you will get me, an experienced attorney, ready to do everything I can to ensure the perpetrators are held accountable for their actions.
I will thoroughly investigate your claim and take legal action against the nursing care facility, staff members, or any party that caused you harm. Contact my Virginia office today to discuss your case. I am happy to travel to you for this free consultation. Plus, I work on a contingency basis, which means that I get a percentage of what I win for your Virginia nursing home abuse claim.