Protecting Our Loved Ones From Nursing Home Abuse
When we entrust our loved ones to a nursing home, we expect them to be treated with compassion and dignity. We expect them to receive the high quality of care they deserve. Unfortunately, nursing home abuse is a harsh reality for many families across Virginia Beach, Norfolk and Chesapeake. This abuse can take many forms – some visible, others hidden behind closed doors.
At Dickerson & Smith Law Group, we are committed to standing up for nursing home abuse victims and their families. With more than 100 years of combined experience, our lawyers fight for justice and accountability in every case.
What Amounts To Nursing Home Abuse And Neglect?
Nursing home abuse refers to any intentional act or failure to act that causes harm or distress to a resident. It can be physical, emotional, financial or even sexual in nature. Neglect involves harm that may be unintentional, but it is equally damaging and involves the failure to provide necessary care.
Here are the primary types of nursing home abuse and neglect we see:
- Physical abuse: Striking, pushing, punching or using unnecessary restraints
- Emotional abuse: Harassment, verbal threats, name-calling or isolation
- Financial abuse: Unauthorized use of a resident’s funds, property or identity
- Sexual abuse: Any form of sexual contact without consent
- Neglect: Failing to provide food, water, hygiene, medical care or fall protection
Each of these forms of nursing home abuse/neglect is serious, and recognizing them early is critical for preventing them from escalating.
Recognizing The Warning Signs Of Nursing Home Abuse
Family members are often the first line of defense against nursing home abuse and neglect, so knowing what to look for can make all the difference. Common signs include:
- Bruises, fractures, cuts or other unexplained injuries
- Mood or behavioral changes
- Social withdrawal or isolation
- Inadequate hygiene or soiled clothing
- Bedsores or untreated medical conditions
- Malnutrition or dehydration
- Missing belongings
If something feels off, trust your instincts. Abuse often thrives in silence.
Legal Rights Of Nursing Home Residents In Virginia
Residents in Virginia nursing homes are protected by both federal and state laws. The federal Nursing Home Reform Act guarantees residents the right to dignity, privacy and freedom from nursing home abuse. In Virginia, these rights are further reinforced by state regulations that require nursing homes to:
- Provide written notice of resident rights upon admission
- Allow residents to make their own medical decisions
- Protect residents from retaliation or discrimination
- Maintain grievance procedures and post complaint hotlines
Additionally, the Virginia Department of Medical Assistance Services (DMAS) mandates that nursing homes inform residents of their rights to manage personal funds, access medical records and file complaints.
Health care professionals in Virginia are also mandated reporters, which means they are legally required to report suspected nursing home abuse or neglect of vulnerable adults to Adult Protective Services.
What To Do If You Suspect Abuse
It’s important to act quickly if you suspect a loved one may be suffering from nursing home abuse. Here’s a step-by-step guide:
- Ensure safety: If the resident is in danger, call 911.
- Document everything: Take photos of injuries and living conditions. Note dates and times, and keep a journal of concerning behavior or statements.
- Report the abuse:
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- Contact the Virginia Adult Protective Services hotline at 1-888-832-3858.
- File a complaint with the Virginia Department of Health or the State Ombudsman.
- Consult an attorney: Reach out to an experienced abuse lawyer for guidance and to begin building a case.
We understand how challenging and stressful these situations can be. Our team offers compassionate, strategic legal support at every step in the process. Whether you’re seeking justice, compensation or answers, we’re here to help.
Why Choose Dickerson & Smith Law Group?
Our firm is known for:
- Personalized attention: We listen, we care and we act.
- Collaborative strength: Our attorneys work together to pursue a favorable outcome.
- Proven results: We’ve helped countless families recover damages for nursing home abuse, wrongful death and other personal injury claims.
We treat our clients like family – because that’s what you deserve.
Frequently Asked Questions
Here are answers to common questions we hear about nursing home abuse and neglect.
What is considered negligence in a nursing home?
Negligence occurs when a facility, staff member or medical professional fails to provide the appropriate standard of care, resulting in harm to a resident. This can include failing to prevent falls, ignoring medical needs, or not providing adequate nutrition or hygiene.
What evidence is needed to win a nursing home case?
Strong elder abuse cases against nursing homes often include medical records, photographs, witness statements, expert testimony, and documentation of complaints or prior violations. Our team helps gather and organize this evidence to build a compelling case.
Can a nursing home kick you out if you sue them?
No. Retaliation against a resident for filing a complaint or lawsuit is illegal. Residents have the right to remain in the facility unless there is a valid, documented reason for discharge.
Take Action Today: Your Loved One Deserves Better
If you suspect nursing home abuse, don’t wait. Every moment matters. Let us help you protect your loved one and hold negligent facilities accountable. Contact us at 757-828-0031 to start with a free and confidential consultation.