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
- Nursing Home Abuse and Neglect
- Assisted Living Facilities Lawyers in Virginia
- Pressure Sores
- Restraints in Nursing Homes
- Malnutrition and Dehydration
- Nursing Home Slip and Fall Injuries
- 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
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. - New Orleans “Mercy Killings” Expose Dangerous Mindset in Elder Care Industry
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. - Federal Nursing Home Regulations (CFR) [PDF]
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. - Federal Laws for Nursing Homes
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. - Nursing Home: Visiting and Monitoring [PDF]
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
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. - 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.
Assisted Living Facilities Lawyers in Virginia
- 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.
Pressure Sores
- Avoidable v. Unavoidable Pressure Ulcers [PDF]
Description: The debate continues as to when pressure ulcers are unavoidable. Most are pressure ulcers are avoidable, but as this article explains other serious medical conditions can make pressure ulcers difficult to prevent. Therefore it is critical for nurses to provide consistent pressure relief to reduce the risk of developing pressure ulcers. - 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.
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.
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.
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 § 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. - Didato v. Strehler, Virginia Supreme Court (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. - Brooks v. Loehman's Inc. (Virginia Supreme Court 2001) [PDF]
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. - Vaughan, Adm'r v. Southside Cardiology Associates, P.C., Virginia Supreme Court [PDF]
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. - Ayers v. Mosby, Virginia Supreme Court [PDF]
Description: A decision detailing what is necessary to prove a document was signed because of fraud or undue influence. - Lee v. Bourgeois, Virginia Supreme Court [PDF]
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. - U.S. v. Swank, U.S. District Court Eastern District of Va. [PDF]
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. - Crone v. Richmond Newspapers, Inc. Virginia Supreme Court [PDF]
Description: Tom Williamson successfully argued that newspaper distributors were franchisees of the newspaper publisher entitled to protection under the Retail Franchise Act. - McMunn v. Tatum, Virginia Supreme Court [PDF]
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]
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. - VEPCO v. Winesett, Virginia Supreme Court [PDF]
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.
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. - The Expert Witness. [PDF]
Description: The Expert Witness. A book chapter authored by Tom Williamson, Jr. surveying the law of Virginia governing experts. - Using Medical Literature To Prove Damages [PDF]
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. - Admissibility Of Expert Testimony [PDF]
Description: In this article, Tom Williamson discusses the statutes and case law for admitting expert testimony into evidence in Virginia. - Brief In Support of Compelling Production of Incident Report [PDF]
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. - Charitable immunity case law [PDF]
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. - Asking the Right Questions to Admit Into Evidence Expert Opinions in a Products Liability Case [PDF]
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.