Nursing Home Abuse: Helping You Protect the Rights of Your Loved Ones
Welcome to the Williamson and Lavecchia Online Guide to Nursing Home Abuse and Neglect, addressing the top concerns of those seeking care for an aging loved one, including types of care centers available to you and the types of abuse our elders suffer while in the care of the worst nursing homes. For families who are in the process of seeking a living facility for a loved one, we also provide information that addresses the warning signs and symptoms of poorly maintained and inadequate elder care and nursing homes.
Please view a brief summary of our Elder Abuse legal services for more information:
Restraints in Nursing Homes
The law firm of Williamson and Lavecchia, L.C. is currently accepting cases involving patients in nursing homes or elder care facilities who have been injured due to the use of restraints, or have been injured due to the lack of use of them. Restraining patients in nursing homes is sometimes a necessary aspect of caring for the elderly. But irresponsible use can lead to severe injuries or death. If a loved one has been injured due to the improper use of restraints, please contact Williamson and Lavecchia, L.C. for a free case assessment.
Medication Errors
We represent victims of medication errors in nursing homes and assisted living facilities. Nursing home patients and residents of assisted living facilities are particularly vulnerable to serious medication errors. Most patients are taking numerous medications that must be taken at the correct dose and at the correct time. Due to advanced age and illnesses these patients often rely upon their caregivers to ensure that their medications are taken correctly. Errors by overworked nurses can cause serious injuries and even death. On our website we provide information about the dangers of medication errors and steps that can be taken to prevent medication errors.
Malnutrition and Dehydration
Nearly 14,000 nursing home residents died of malnutrition and dehydration between 1999-2002 according to an investigation by the Detroit News which was based on federal records. A study by the Commonwealth Fund found that at least 1/3 of the nation’s nursing home patients may suffer from malnutrition and dehydration. The Commonwealth Fund is a private foundation that supports research to promote improvements in health care.
The attorneys at Williamson & Lavecchia, LC are experienced at representing patients who are victims of malnutrition and dehydration in nursing homes.
Pressure Sores
Tragically, too many nursing home residents suffer from open pressure sores. Pressure sores are caused by the body being left in the same position for too long. Pressure prevents the flow of blood which carries oxygen to the skin and tissues. Overtime, the lack of oxygen causes the skin and tissues to die. Patients with pressure sores are prone to life threatening infections.
Nursing Home Abuse and Neglect
Nursing Home Abuse: Legal Remedies
TAKING ACTION WHEN SOMETHING IS WRONG
Unfortunately, the abuse and neglect of the elderly in nursing homes and assisted living facilities frequently goes completely undetected and unreported. There are not enough inspectors in Virginia to detect abuse and prevent all abuse and neglect. Furthermore, nursing home administrators frequently fail to report abuse and neglect to the inspectors.
This is where your vigilance and record keeping make a difference. Whether the problems are minor and easily handled within the facility or major and needing an attorney experienced in litigating nursing home abuse and neglect, your well-kept records will greatly affect the efficacy of any action you choose to take.
There are many problems that can be handled at the facility level: diet, cleanliness of the room and bed, resident’s hygiene, theft, etc. Take care of these kinds of problems with tact as sometimes staff will be unaware of a problem until it is brought to their attention. Failing any change at the staff level, speaking with the director of the proper department is usually enough to take care of the problem.
If you suspect abuse or neglect, take a couple breaths and consult Carolyn Lavecchia and her experienced nursing home abuse team as soon as you can as these are extremely complex types of cases.
After discussing the situation with Carolyn and her team, you will have a better sense of how to proceed. This includes reporting your suspicions to the State Ombudsman, lodging a complaint with the Virginia Department of Health and/or Department of Social Services, or filing a lawsuit.
After speaking with you if we believe the facts warrant further investigation and you choose to hire us we will thoroughly investigate the case. In most cases we will request the pertinent nursing home and hospital records and issue a Freedom of Information Act (FOIA) request to the state. Under FOIA, the state is required to provide us with their inspection reports and findings within five days. These reports may show a pattern of abuse and neglect of the elderly. To learn more about the facility, we often check the court records to see if there are pending or prior lawsuits against the nursing home.
After collecting the pertinent documents we will review them to assess whether to hire an expert(s). Most cases require a nurse expert and a physician with a nursing home practice. After an expert review we will discuss filing a lawsuit with you.
We cannot place enough stress on the complexity of Nursing Home Abuse and Nursing Home Neglect litigation. Please give Carolyn or Josh a call (804) 288-1661 or e-mail them about your situation at cl@wllc.com.
Nursing Home Slip and Fall Injuries
B>NURSING HOME FALL INJURIES AND DEATHS
How serious are nursing home falls?
There are about 1800 fatal falls in U.S. nursing homes each year. A typical 100 bed nursing home reports 100-200 falls with many more going unreported. 10-20% of nursing home falls cause serious injuries including broken hips and head trauma. Center for Disease Control: National Center for Injury Prevention and Control. Sadly, one-quarter of all elderly persons who suffer hip fractures die within six months. Fuller GF. Falls in the elderly. American Family Physician. 61(7):2159-68, 2173-4 (2000).
Adult Homes
The attorneys at Williamson & Lavecchia represent victims of elder abuse and neglect at adult homes. Adult homes are also called assisted living facilities. These facilities are not licensed to provide nursing care and are not legally permitted to admit residents who require nursing care.
Carolyn Lavecchia, the leader of the Elder Abuse Law team of Williamson and Lavecchia, L.C. became a lawyer to help people injured by the wrongful conduct of health care providers. For approximately twenty years, Carolyn has successfully represented patients and their families in cases against negligent adult homes, nursing homes, hospitals and physicians. Her dedication to helping the injured by using her experience as a nurse and a successful trial lawyer has earned her the admiration of her clients and the respect of her opponents.
Adult homes, also called "Assisted Living Facilities" and "Nursing Homes" are available to residents in different levels of care:
Assisted Living : Where residents need assistance in taking care of their day-to-day needs (bathing, meal preparation, medicine) and their health care due to physical or mental impairments. The levels of care vary based on the needs of the resident.
Nursing Homes : Where residents need around the clock nursing care. Nursing homes provided varying levels of care including more intensive skilled care which is often funded by Medicare.
Residents have the right to live in an environment that maximizes their independence and promotes personal dignity and individuality. Unfortunately, the reality may be starkly different. Adult homes in Virginia have been found to be understaffed, poorly maintained, unheated, unsanitary, and unsafe. Some adult homes have been shut down because of horrendous living conditions. Residents have also been victims of violent crimes like rape and sexual assaults while in adult homes.
According to the Department of Social Services (DSS), the incidence of substantiated cases of elder abuse and neglect is on the rise. In fact in the past 10 years, reported cases of abuse and neglect have risen by over 50%. Virginia has fewer protections for residents of nursing homes and assisted living facilities than any other state in the nation. If you discover elder abuse or neglect, it is best to contact the proper government agencies and in the most serious cases, an attorney experienced in this kind of litigation.
Attorneys experienced in nursing home abuse and neglect can tap the resources of the state investigative agencies and also conduct a separate investigation of the patient's injuries and the nursing home's misconduct. In egregious cases, experienced attorneys may pursue punitive damages to punish the nursing home and to deter future wrongful conduct
