Frequently Asked Questions

Q: Can nursing homes and assisted living facilities be held liable for punitive damages?

A: Both nursing homes and assisted living facilities can be held liable for punitive damages if their conduct is considered willful and wanton by showing a conscious disregard for the rights and safety of the resident. They are also called exemplary damages. Under Virginia law, no more than $350,000 can be awarded for punitive damages. Punitive damages are included in the general medical malpractice cap therefore you can not recover more than the medical malpractice cap. Punitive damages serve to punish the nursing home or assisted living facility and to deter the abuse and neglect of other residents. They are separate damages from the pain and suffering of the resident, medical bills, and losses to the beneficiaries.