Williamson & Lavecchia, L.C. 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.
Library Categories
- 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]
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]
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
- Maggots are No Treatment for Pressure Ulcers
Description: A recent study debunked the theory that maggots are effective for treating pressure ulcers. The study found that maggots are no more effective than traditional therapy and patients receiving "maggot therapy" suffer more pain than patients receiving traditional therapy. - Photographs of Pressure Sores [PDF]
Description: Photographs and depictions of the four stages of pressure sores (bed sores) - Pressures Sores and the Law [PDF]
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.
Nursing Home Abuse and Neglect
- Medicare Issues New Guidelines for Nursing Home Inspections [PDF]
Description: Medicare has revised and improved the guidelines for conducting nursing home inspections to focus on the quality of life for nursing home patients. - Binding Arbitration in Nursing Homes [PDF]
Description: Center for Medicare and Medicaid Services (CMS) has taken the position that patients have the right to refuse to sign arbitration agreements. - Mandatory Reporting of Elder Abuse [PDF]
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]
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. - Long Term Care Facilities: Information on Residents Who are Registered Sex Offenders [PDF]
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.
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]
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
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
- Josh Silverman's Curriculum Vitae [PDF]
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. - Curriculum Vitae of Carolyn Lavecchia [PDF]
Description: A detailed description of the credentials of Carolyn Lavecchia as a medical malpractice lawyer and nurse practitioner and her experience as a Virginia trial lawyer. - Lavecchia Receives Award
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
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
- Centra Health Inc. t/a Lynchburg General Hospital v. Mullins [PDF]
Description: Josh Silverman and Carolyn Lavecchia filed an amicus curiae ("friend of the court") brief in this landmark case holding that a plaintiff may pursue alternative remedies in cases where it is disputed whether the defendant's negligence caused non-lethal injuries or if the defendant's negligence was a proximate cause of the patient's death. - Riverside Hospital v. Johnson (2006) [PDF]
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. - Bates v. Commonwealth of Virginia [PDF]
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 ยง 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. - Chandler v. Graffeo [PDF]
Description: Josh Silverman filed a successful amicus curiae brief ("friend of the court") on behalf of the plaintiff in this important medical malpractice case. - Johnson v. Raviotta (Virginia Supreme Court 2002) [PDF]
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.
Medical Malpractice
- Centra Health v. Mullins - amicus curiae brief [PDF]
Description: When an elderly person is the victim of medical malpractice it is often disputed whether he or she died as a result of medical malpractice or whether the victim suffered personal injuries yet died of natural causes. Attorneys Josh Silverman and Carolyn Lavecchia filed this brief in the Virginia Supreme Court arguing the plaintiff can present both personal injury and wrongful death claims to the jury. - Medical Malpractice Legislation Update [PDF]
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]
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
- Managed Care Liability-An Update On ERISA Case Law-Jan. [PDF]
- Piercing the Armor: Approaches to Managed Care Liability [PDF]
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.
Nursing Home Liability and Elder Abuse
- Riverside Hospital, Inc. v. Johnson [PDF]
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. - Virginia State Bar: Senior Citizen's Handbook for Preventing Elder Abuse [PDF]
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. - National Pressure Ulcer Advisory Panel: Statement on Pressure Ulcer Prevention
Description: Read the authoritative report of the National Pressure Ulcer Advisory Commission on the prevention and treatmeant of pressure sores.
Discovery
- Order Compelling Disclosure of Nursing Home Policies and Procedures [PDF]
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. - Brief in Support of Motion to Compel Production of Incident Report [PDF]
Description: This brief was filed to compel the defendant to disclose its incident report.
General
- 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. - Pressure Ulcers: Essential Systems for Quality Care [PDF]
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. - Order Against Podiatrist to Pay Patients Attorneys Fees and Costs For Failing to Produce Records [PDF]
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. - Researching Care Facilities
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. - Admitting Into Evidence Computer Graphics and Simulations [PDF]
Description: A paper authored by Tom Williamson for a trial demonstration program of the Virgnia Association of Defense Attorneys, Williamsburg, Va. October 4, 2002.
