Virginia Nursing Home Abuse Attorneys

Elderly Virginia Woman

Every year, nationwide statistics reveal that nursing home abuse continues to be a major problem in society. The National Center on Elder Abuse reports that almost six million cases of elderly abuse occur every year. Over 67 percent of victims of elderly abuse tend to be females. Even more disturbing, the Center reports that over 91 percent of nursing homes do not have adequate staffing to ensure that the needs of elderly people are met. In Virginia, the statistics for nursing homes are just as disheartening. Over 40 percent of Virginia nursing homes were discovered to have serious issues with maintaining a safe environment and food sanitation in 2008. Over 50 percent of nursing homes failed to maintain adequate professional standards that year.

It is important for family members to speak up about suspicions of abuse. Patterns of abuse are usually common in nursing homes that are attempting to prey upon the financial assets of residents. It is important to stop abuse from occurring any more and to remove your loved one from the situation. Speak now to our nursing home lawyers to receive the help that you need to make a difference in the life of a loved one.

Nursing Home Laws in Virginia

In Virginia, nursing home abuse and neglect are prohibited under the Adult Protective Services Act. The Adult Protective Services Act also establishes the procedural system for dealing with reports of abuse and neglect in Virginia. It handles complaints that are reported for adults 60 years of age and older, and complaints that involve abuse, neglect and exploitation. APS provides a wide range of services that may be available to remove an elderly person from an abusive situation and end any further mistreatment. Some of the services that may be available include alternative shelter, transportation, nutrition services, legal intervention, adult day care or even foster services.

Those who suspect that an elderly person is the victim of abuse can get in touch with a department of social services to file a report of abuse. The department maintains a toll-free hotline that can be accessed at: 888-832-3858.

In Virginia, family members only have a limited period of time in which to file a negligence or wrongful death claim. They should be aware that the statute of limitations only runs for a period of two years, and this means that individuals must file a case within this time frame. The statute of limitations begins to run from the date in which an injury is discovered or the death of the individual occurs. Virginia laws maintain a $1.5 million cap on damages for acts that occur after August 1, 1999. Punitive damages are capped at $350,000.

There are several departments that can handle reports of abuse or neglect in Virginia. These are the Virginia Department of Health, Adult Protective Services, Department of Health and the Long Term Care Ombudsman. Nursing home negligence attorneys in Virginia can help you file a report of abuse or neglect with any one of these departments.

Understand Types of Nursing Home Neglect

There are various forms of neglect that can occur in a nursing home. The first types of neglect that may come to mind may be those that directly impact a loved one, such as depriving him or her of food, water and medication. However, there are other more subtle forms of neglect that family members should also be aware of, such as:

  • Failure to maintain clean premises
  • Failure to engage residents with others
  • Isolation of residents for long periods of time
  • Unwashed bed sheets
  • Unwashed clothing
  • Unsanitary or improperly prepared food

These forms of neglect can be just as harmful on the lives of residents as other forms of physical abuse. It is important for family members to take action when they realize that neglect is occurring in a nursing home.

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Talk to Virginia Nursing Home Attorneys Today for Help

Talk to nursing home attorneys today to receive the help that you need to end the abuse and neglect. Nursing home negligence attorneys in Virginia are available to assist you in the process of collecting damages. Our attorneys are available to talk to Virginia residents in areas such as:

Call our lawyers today to schedule an initial consultation and understand your loved one’s rights.

Nursing Home Negligence

STATUTE OF LIMITATIONS

  • 2 years. (Va. Code Ann. §8.01-243)
  • Medical malpractice – 2 years.  In cases involving minors under age eight, minor has until tenth birthday to file suit.  In cases involving minors age eight and older, suit must be filed within 2 years of the date that the act giving rise to the injury occurred.  In foreign object cases, suit must be filed within 1 year from date that object was or should have been discovered.  No suit may be filed more than 10 years from the date that the object was actually inserted.  A certificate of merit must accompany medical malpractice lawsuits. (Va. Code Ann. §801.230Va. Code Ann. §8.01-243Va. Code Ann. §8.01-243.1)

DAMAGES CAP

  • $1.5 million cap on total damages for acts occurring on or after August 1, 1999.  The maximum recovery limit increased on July 1, 2000, and each July 1 thereafter by $50,000 per year.  The annual increase on July 1, 2007 and July 1, 2008, are $75,000 per year.  The July 1, 2008 is the final increase. (Va. Code Ann. §8.01-581.15)
  • Punitive damages – capped at $350,000. (Va. Code Ann. §8.01-38.1)

Wrongful Death

STATUTE OF LIMITATIONS

DAMAGES CAP

  • $1.5 million cap on total damages for acts occurring on or after August 1, 1999.  The maximum recovery limit increased on July 1, 2000, and each July 1 thereafter by $50,000 per year.  The annual increase on July 1, 2007 and July 1, 2008, are $75,000 per year.  The July 1, 2008 is the final increase. (Va. Code Ann. §8.01-581.15)
  • Punitive damages – capped at $350,000. (Va. Code Ann. §8.01-38.1)

Nursing Home Care State Law

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