Publications Library

On the page below you can find links to documents, reports, publications and discussions provided by the elder abuse attorneys at Williamson & Lavecchia, L.C.

The documents below are available to the public so that they can gain a better understanding of the legal challenges facing them, and why an experienced attorney is so important for success.

Contact us for a consultation today.

• Restraints in Nursing Homes
• Malnutrition and Dehydration
• Pressure Sores
• Nursing Home Abuse and Neglect
• Nursing Home Slip and Fall Injuries
• Adult Homes
• About our Lawyers
• Our Lawyers in the News
• Court Opinions in Cases of our Lawyers
• Medical Malpractice
• Managed Care Abuse
• Nursing Home Liability and Elder Abuse
• Discovery
• General

Restraints in Nursing Homes

• Fast Facts: Physical Restraints [PDF]    10/30/2007
  Description: Quality Partners, the Medicare Quality Improvement Organization for Rhode Island, produced this very useful guide to restraints in nursing homes under a contract with Medicare. Restraints should only be used as a last resort when other treatment options fail.

Malnutrition and Dehydration

• Feeding Assistance Programs - Policies and Procedures [PDF]    10/30/2007
  Description: Nursing homes should have policies and procedures in place to provide adequate nutrition and hydration to patients. If you believe a loved one is suffering from unexplained weight loss in a nursing home, ask for a copy of their policies and procedures. The attached document is an example of policies and procedures for a nursing home feeding program.

Pressure Sores

• Pressures Sores and the Law [PDF]    10/17/1999
  Description: This paper, co-authored by Tom Williamson and Josh Silverman, discusses the frequency of pressure sores, the legal liability of nurses and nursing homes, and notable verdicts and settlements awarded to victims of pressure sores. The paper was presented at the Mid-Atlantic Wound Care Symposium in Williamsburg, Va. on October 17, 1999.
• Photographs of Pressure Sores [PDF]    4/14/2005
  Description: Photographs and depictions of the four stages of pressure sores (bed sores)

Nursing Home Abuse and Neglect

• Nursing Home: Visiting and Monitoring [PDF]    8/16/2005
  Description: Williamson and Lavecchia's elder abuse legal team has drawn up this list of the important documents to keep when your loved one is being cared for at an assisted living facility or nursing home.
• Types of Abuse    8/16/2005
  Description: The seven major types of nursing home abuse include physical abuse, sexual abuse, emotional abuse, neglect, abandonment, financial exploitation and self-neglect. If you suspect abuse against a loved one living in a nursing home or assisted living facility, contact the Elder Abuse Law Center today.
• Federal Laws for Nursing Homes    8/18/2005
  Description: Many federal laws and regulations concerning nursing homes and assisted living facilities have been passed during the past forty years. On this page, get summaries of the Older American Act, Nursing Home Reform Act, Nursing Home Residents Bill of Rights, and required services of nursing home and assisted living facilities.
• Federal Nursing Home Regulations (CFR) [PDF]    8/31/2005
  Description: The Department of Human Services has adopted specific regulations for nursing homes that accept federal dollars. If the nursing home fails to comply with these regulations the nursing home may be sanctioned, fined, or barred from caring for Medicaid or Medicare patients.
• New Orleans “Mercy Killings” Expose Dangerous Mindset in Elder Care Industry    3/14/2006
  Description: In Virginia, The Elder Abuse Law Center helps families that have placed their trust in nursing homes and Elder Care facilities, only to have that trust betrayed. If you feel that your loved ones have been abused or mistreated during their stay at a nursing home or elder care center, contact us for a free legal consultation today.
• Long Term Care Facilities: Information on Residents Who are Registered Sex Offenders [PDF]    10/4/2006
  Description: The Government Accountability Office (GAO) has conducted a study of registered sex offenders in nursing homes. The report finds that nursing homes often are unaware that they have patients who are registered sex offenders.
• Mandatory Reporting of Elder Abuse [PDF]    3/19/2007
  Description: By law nurses, certified nursing aides and nursing home administrators must report all incidents of elder abuse, neglect and exploitation to the Department of Social Services. This includes abuse that occurs under their watch. This brochure is provided to all nurses, certified nurses aides and nursing home administrators summarizing their legal duty to report all incidents of elder abuse, neglect and exploitation "immediately."
• Indicators of Elder Abuse and Neglect [PDF]    3/19/2007
  Description: Recognizing nursing home abuse and neglect is the first step towards stopping it. The Virginia Department of Social Services has prepared this important overview of signs and indicators of elder abuse and neglect. If you believe a loved one has been abused or neglected in a nursing home please contact us for a free consultation.
• Virginia State Bar: Senior Citizen's Handbook for Preventing Elder Abuse [PDF]    3/28/2005
  Description: Virginia State Bar has published a Guide for Protection of Legal Rights of the Elderly. The Guide contains valuable resources for protecting the rights of the elderly and preventing elder abuse.

Nursing Home Slip and Fall Injuries

• Court Order Permitting Plaintiffs to Pursue Personal Injury and Wrongful Death Claims Arising Out of a Fall in a Hospital [PDF]    3/10/2008
  Description: In this medical malpractice case, the patient suffered a severe head injury after falling in the hospital. She died approximately one month later. The trial court ruled that the plaintiffs are permitted to pursue both personal injury and wrongful death claims.

Adult Homes

• Types of Assisted Care Facilities    8/18/2005
  Description: Adults who need full-time health care are usually placed in nursing homes. Nursing homes are subject to much stricter federal and state regulations than adult homes and must be staffed with nurses. Nursing homes fall under the jurisdiction of the Virginia Department of Health. The state inspectors make announced and unnannounced visits to nursing homes.

About our Lawyers

• Curriculum Vitae of Carolyn Lavecchia [PDF]    3/14/2005
  Description: A detailed description of the credentials of Carolyn Lavecchia as a lawyer and nurse practitioner and her experience as a trial lawyer advocating for the injured.
• Josh Silverman's Curriculum Vitae [PDF]    2/22/2007
  Description: A description of Josh Silverman's background and experience as a trial attorney advocating for the rights of nursing home patients and assisted living residents.
• Lavecchia Receives Award    12/27/2002
  Description: The Metropolitan Women's Bar Association bestowed its Women of Acheivement Award on Carolyn Lavecchia.

Our Lawyers in the News

• Medical Malpractice Win in Petersburg, Virginia    11/2/2002
  Description: PLEASE NOTE THAT CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THE RESULTS OF ONE CASE DO NOT GUARANTEE THAT A CERTAIN RESULT WILL BE ACHIEVED IN FUTURE CASES. IF YOU WOULD LIKE THE LAWYERS OF WILLIAMSON & LAVECCHIA, L.C. TO REVIEW YOUR LEGAL MATTER, PLEASE CONTACT US.
  
  Carolyn Lavecchia successfully represented the plaintiff who had undergone a Nissen fundoplication. The jury awarded 1.25 million dollars plus pre-judgment interest.

Court Opinions in Cases of our Lawyers

• Didato v. Strehler, Virginia Supreme Court (2001)    11/29/2001
  Description: Tom Williamson successfully argued that a pediatrician may owe parents the duty to inform the parents about a child's genetic information to assist the parents in making informed decisions about future child bearing.
• Ayers v. Mosby, Virginia Supreme Court [PDF]    9/18/1998
  Description: A decision detailing what is necessary to prove a document was signed because of fraud or undue influence.
• VEPCO v. Winesett, Virginia Supreme Court [PDF]    6/17/1983
  Description: The Virginia Supreme Court affirms a verdict in favor of the estate of a man electrocuted because of the negligent failure of the utility to trim trees growing into its power lines.
• Lee v. Bourgeois, Virginia Supreme Court [PDF]    11/1/1996
  Description: Physicians practicing at state operated medical schools are not immune from liability for the negligence of residents assisting in the care of the physicians' patients.
• Johnson v. Raviotta (Virginia Supreme Court 2002) [PDF]    6/22/2002
  Description: Tom Williamson and Carolyn Lavecchia successfully argued to the Virginia Supreme Court that malpractice defendants cannot use habit evidence to destroy the protection afforded by the Deadman's Statute to the estate of deceased patients.
• Brooks v. Loehman's Inc. (Virginia Supreme Court 2001) [PDF]    3/30/2001
  Description: Tom Williamson successfully argued to the Virginia Supreme Court that a business owner is liable for a customer's injury although the owner had no notice of a dangerous condition if owner's employee indirectly caused the condition.
• Riverside Hospital v. Johnson (2006) [PDF]    11/10/2006
  Description: Joshua Silverman co-authored an amicus curiae ("friend of the court") brief in this Virginia Supreme Court case holding that a hospital's incident report is not privileged. The case involved a patient who fell at Riverside Hospital and sustained a hip fracture. The jury returned a verdict of $1,000,000 for the plaintiff.
• Vaughan, Adm'r v. Southside Cardiology Associates, P.C., Virginia Supreme Court [PDF]    9/17/1999
  Description: Carolyn Lavecchia successfully appealed to the Virginia Supreme Court a trial court's decision that permitted a doctor to rely on his past habits to prove that he was not negligent in treating a patient.
• U.S. v. Swank, U.S. District Court Eastern District of Va. [PDF]    7/2/1992
  Description: The far reaching power of the federal government to freeze the assets of an accused citizen before trial has been afforded the accused is demonstrated.
• McMunn v. Tatum, Virginia Supreme Court [PDF]    4/21/1989
  Description: Tom Williamson and Carolyn Lavecchia represented the plaintiff in this frequently cited case that determined what an expert witness can tell a jury about the data the expert has relied upon in forming his or her opinions.
• Gray v. Graham, Virginia Supreme Court [PDF]    3/7/1986
  Description: Tom Williamson won his brain injured client's case by convincing the court to admit into evidence statements made by a man who died before trial who was the only witness that could identify the defendant.
• Chandler v. Graffeo [PDF]    11/5/2004
  Description: Josh Silverman filed a successful amicus curiae brief ("friend of the court") on behalf of the plaintiff in this important medical malpractice case.
• Bates v. Commonwealth of Virginia [PDF]    1/10/2005
  Description: In a wrongful death action against the Commonwealth under the Virginia Tort Claims Act, a notice of claim naming a university medical center was sufficient to comply with the requirements of Code § 8.01-195.6 for identification of the "place" where the injury was alleged to have occurred. The trial court erred in sustaining a plea of sovereign immunity and dismissing the claim with prejudice. The judgment is reversed and the case is remanded for further proceedings.
• Crone v. Richmond Newspapers, Inc. Virginia Supreme Court [PDF]    9/22/1989
  Description: Tom Williamson successfully argued that newspaper distributors were franchisees of the newspaper publisher entitled to protection under the Retail Franchise Act.

Medical Malpractice

• Medical Malpractice Legislation Update [PDF]    6/3/2005
  Description: Josh Silverman authored the attached article on the evidentiary and procedural changes in medical malpractice law passed in the 2004-2005 legislative session. The article was published in the Winter 2005 issue of The Journal by the Virginia Trial Lawyer's Association.
  
  Attorneys at Williamson & Lavecchia lobbied the Virginia General Assembly to preserve the rights of victims to fair compensation for injuries due to medical negligence. As the article explains, the legislation that passed the Virginia General Assembly does not add any new caps or harsh restrictions on the rights of victims and requires the Board of Medicine to investigate physicians who had multiple claims against them.
• Trial of a Medical Malpractice Case [PDF]    12/26/2002
  Description: A chapter authored by Tom Willliamson and published in 2002 by the Virginia Law Foundation in "Medical Malpractice Law in Virginia 2d Ed.".

Managed Care Abuse

• Piercing the Armor: Approaches to Managed Care Liability [PDF]    1/1/1999
  Description: A paper presented by Tom Williamson at the 1999 Virginia Trial Lawyers Convention to help lawyers in fighting for persons harmed by the misconduct of HMOs and other managed care organizations.
• Managed Care Liability-An Update On ERISA Case Law-Jan. [PDF]    1/24/2000

Nursing Home Liability and Elder Abuse

• National Pressure Ulcer Advisory Panel: Statement on Pressure Ulcer Prevention    3/28/2005
  Description: Read the authoritative report of the National Pressure Ulcer Advisory Commission on the prevention and treatmeant of pressure sores.
• Virginia State Bar: Senior Citizen's Handbook for Preventing Elder Abuse [PDF]    3/30/2005
  Description: Virginia State Bar has published a Guide for Protection of Legal Rights of the Elderly. The Guide contains valuable resources for protecting the rights of the elderly and preventing elder abuse.
• Riverside Hospital, Inc. v. Johnson [PDF]    11/10/2006
  Description: Attorney Joshua Silverman co-authored this amicus curiae brief, filed in the Virginia Supreme Court, in support of the plaintiff who sustained severe injuries when she fell at a hospital. The Virginia Supreme Court held that the plaintiff had a right to the hospital incident report.

Discovery

• Brief in Support of Motion to Compel Production of Incident Report [PDF]    1/1/1900
  Description: This brief was filed to compel the defendant to disclose its incident report.
• Order Compelling Disclosure of Nursing Home Policies and Procedures [PDF]    4/25/2007
  Description: In this decision, Judge Hughes of the Richmond Circuit Court ordered a nursing home to provide the plaintiff with copies of its policies and procedures.

General

• Pressure Ulcers: Essential Systems for Quality Care [PDF]    10/30/2007
  Description: Nursing homes that incorporate an aggressive team effort to reduce pressures sores have shown remarkable success. This document describes an effective management method that has helped reduce the incidence of pressure ulcers by up to 70% in one study.
• Charitable immunity case law [PDF]    3/4/1998
  Description: A review of cases decided by the Virginia Supreme Court prior to 1998 on the question of when a defendant will be entitled to immunity from liability because of the doctrine of charitable immunity.
• Researching Care Facilities    8/18/2005
  Description: It is vital for your family member that you spend a considerable amount of time researching nursing homes and assisted living facilities before you make your choice. Look past the marketing efforts to see what type of care your family member will receive at a nursing home. Trust your instincts. If there appears to be inadequate care given when you visit, it is unlikely that it will improve.
• Order Against Podiatrist to Pay Patients Attorneys Fees and Costs For Failing to Produce Records [PDF]    10/26/2006
  Description: A patient has a right to obtain copies of her medical records from her health care provider. Attached is an order granting the plaintiff her attorneys fees and costs against a podiatrist who failed to provide her with her medical records and x-rays.
• Admissibility Of Expert Testimony [PDF]    1/1/1999
  Description: In this article, Tom Williamson discusses the statutes and case law for admitting expert testimony into evidence in Virginia.
• Asking the Right Questions to Admit Into Evidence Expert Opinions in a Products Liability Case [PDF]    1/1/1900
  Description: A products liability action may rise or fall on the quality of the expert witness testimony. This article, authored by Tom Williamson, addresses the legal and practical challenges of admitting expert testimony into evidence in a products liability action.
• Using Medical Literature To Prove Damages [PDF]    1/1/1999
  Description: A presentation by trial lawyers Tom Williamson, Jr. and Carolyn Lavecchia about how they use medical literature at trial to educate the jury about about their clients' injuries.
• The Expert Witness. [PDF]    9/8/1999
  Description: The Expert Witness. A book chapter authored by Tom Williamson, Jr. surveying the law of Virginia governing experts.
• Brief In Support of Compelling Production of Incident Report [PDF]    1/1/1999
  Description: Doctors, hospitals, and nursing homes often refuse to produce critical documents under a claim of privilege. Here you can read a Brief we filed to compel the defendant to produce an incident report.
• Discovery of Experts [PDF]   
  Description: a book chapter authored by Tom Williamson, Jr. and published in Civil Discovery in Virginia. To obtain a copy of the complete publication, go to http://www.vacle.org/pubs/pubs.htm#discovry.
• Admitting Into Evidence Computer Graphics and Simulations [PDF]    8/19/2002
  Description: A paper authored by Tom Williamson for a trial demonstration program of the Virgnia Association of Defense Attorneys, Williamsburg, Va. October 4, 2002.