Placing an elderly family member in a nursing home is never an easy decision. One of the few things that reassure people is that nursing homes are advertised as safe spaces with specialized care for elderly residents. Sadly, this faith is often misplaced because many – far too many – nursing homes and assisted living centers have long track records of abuse, neglect, and unsafe living conditions.
If you learned or suspect that your loved one is a victim of nursing home abuse or neglect, contact a Richmond, Virginia nursing home negligence attorney from Portner & Shure, P.A. immediately. We can act quickly to stop any further abuse and start your claim. Be sure to call the authorities, too, if you think your elder is in jeopardy of immediate physical harm from an aggressor, like an abusive caretaker or another resident.
For a free consultation, call or contact us online. Our staff speaks English, Spanish, Chinese (Mandarin and Cantonese), Vietnamese, and Korean.
Types of Nursing Home Neglect & Abuse
Elderly adults suffer horrific injuries, and sometimes death, as a result of nursing home abuse or neglect. While neglect and abuse both cause injuries, they are different types of actions and the different cases require unique approaches.
According to Virginia Code § 32.1-138, nursing home residents have the right to be free from mental and physical abuse. As the term implies, nursing home abuse often consists of intentional acts inflicted on elderly adults by nursing home staff members, but it can also be carried out by other residents and visitors.
Nursing home abuse often consists of:
- Physical assault
- Sexual assault
- Psychological and emotional abuse
- Intentional deprivation of food, water, and medicine
- Financial exploitation
Nursing home neglect on the other hand occurs due to indifference or negligent actions performed by home staff members. Federal law defines neglect as the “failure to provide goods and services necessary to avoid physical harm, mental anguish, or mental illness."
Nursing home neglect often consists of a failure to:
- Inform medical providers of medical issues
- Monitor patients
- Prevent bedsores or infections
- Prevent dehydration or malnutrition
- Prevent falls or other injuries
- Provide medication
- Provide proper hygiene
Causes of Nursing Home Neglect & Abuse in Richmond
Elderly adults that suffer neglect or abuse are victims, and their victimizers or abusers are most often those entrusted with their care, i.e., nursing home staff members. Nursing homes often fail to perform proper employment verifications or even criminal background checks, which places people in jobs that they are unfit to carry out. Nursing homes sometimes fail to hire sufficient numbers of staff members, making residents live in a poorly understaffed assisted living center.
How To Identify Nursing Home Abuse & Negligence
No one wants to admit to being a victim. Sometimes, people may not even realize that they are victims, especially if they are struggling with a failing memory due to old age. In many nursing home abuse cases, elderly residents are unwilling or unable to inform their families of the abuse or neglect they are suffering for one reason or another. The responsibility of identifying possible abuse or neglect therefore falls on the elder’s family members and loved ones.
Common signs of abuse or neglect include:
- Unexplained injuries
- Weight loss
- Overmedication or undermedication
- Behavioral changes
- Hygiene issues
- Bed Sores
Nursing Home Negligence & Coronavirus Pandemic
The coronavirus/COVID-19 pandemic has brought to light the poor conditions of Virginia’s nursing homes. Since the pandemic began, nearly 60% of those killed by the deadly virus in Virginia were residents of nursing homes. The death rate in Virginia’s nursing homes is reflective of the poor living conditions in nursing homes, such as unclean living spaces and inattentive caretakers.
Injuries & Damages for a Nursing Home Injury Claim
Under Virginia law, nursing home victims can seek financial compensation for their injuries. Specifically, nursing home victims can seek compensation for their medical bills and the cost of any future medical care. Additionally, nursing home victims can seek compensation for the pain and suffering caused by their injuries and neglect.
We are Here to Provide Legal & Moral Support
Fighting a nursing home in a neglect or abuse case can be tiring if you go it alone. You need an attorney who is not afraid to fight big insurance companies. You need a lawyer who truly cares about the wellbeing of elders in their community.
Portner & Shure, P.A. and our Richmond nursing home abuse attorneys have been squaring off in court against insurance companies who try to avoid giving fair payments to neglected elders and their families. Since we feel a close connection to our communities, every nursing home abuse case we accept feels personal. See what our passion for justice can do for your nursing home abuse case. We are currently screening and taking Richmond nursing home coronavirus cases, too.
