Legal Rights of Residents in Assisted Living Facilities
Adult homes are facilities for residents who need assistance in taking care of their day-to-day needs (bathing, meal preparation, dressing, medications, etc) and their health care. They are known by numerous titles ranging from rest homes to assisted living facilities to residential living facilities.In Virginia, they are loosely regulated by the Department of Social Services. Unlike nursing homes, they are not subject to federal regulations. They are not even required to have nurses in the facility.
The Washington Post published a four day front page series on the abuse and neglect of residents in assisted living facilities in Virginia. Two of the articles focused on our clients. One client resided in a Richmond facility that was not properly heated. She died of complications of hypothermia (low body temperature). When she was taken to the hospital her body temperature had dropped to 84 degrees. Our investigation revealed that the facility had previously been cited by the Department of Social Services for unheated rooms. We interviewed and took depositions of staff members who testified that the adult home was so cold they worked in coats and thermal underwear. The owner locked the thermostat to keep the employees from turning the heat up.
In another case we represented a man who was locked in a third floor unit of an assisted living facility without the consent of his family or a qualified doctor. The facility was previous cited for failing to secure the windows. He suffered a broken back and a punctured lung after falling from a third floor window.
You are invited to read more about these cases in the case results section of our website.
Unfortunately, despite the widespread incidents of abuse and neglect in Virginia's assisted living facilities, there are very few criminal prosecutions. The Washington Post reported that very few of the 4400 cases of elder abuse, neglect, or exploitation reported since 1996 have resulted in prosecutions. In fact, the Washington Post investigation found only 44 cases of prosecutions under Virginia's elder abuse statute from 1994 to 2002 and those cases were not necessarily in assisted living facilities.
We welcome you to contact us to discuss your legal options if you believe a loved has been a victim of abuse or neglect at an assisted living facility.
Library for Assisted Living Facilities Lawyers in Virginia:
- Types of Assisted Care Facilities
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.
Frequent Questions for Assisted Living Facilities Lawyers in Virginia:
- Is an adult home legally responsible for criminal acts of its employees against its residents?
- What rights do residents have in an adult home?
- Can I file a lawsuit on behalf of a family member who was injured at an adult home?
- How can I learn if an assisted living facility has been cited by the Virginia Department of Social Services for providing poor care, neglect or abuse?
- How common is elder abuse in adult homes?
- Are direct care workers in assisted living facilities required to be licensed?
Case Results for Assisted Living Facilities Lawyers in Virginia:
- $450,000 Settlement Against an Assisted Living Facility
- Resident Dies Due to Lack of Heat
Awarded: $450,000 Settlement Against an Assisted Living Facility
Awarded: $345,000 Wrongful Death Settlement Due to Lack of Heat at an Assisted Living Facility
Web Resources for Assisted Living Facilities Lawyers in Virginia:
- Assisted Living Facility inspection reports
Description: The Virginia Department of Social Services provides online access to reports from unannounced inspections of assisted living facilities. While past reports do not always predict the quality of care in the future, many people find this information very valuable in selecting an assisted living facility.
- Assisted Living Facility Regulations, Codes, and Interpretation
Description: This link provides full access to all the Virginia laws that govern the operation of assisted living facilities including staffing requirements, policies of administering medications, and rules for maintaining a safe facility.
- Consumer Consortium of Assisted Living
Description: The Consumer Consortium on Assisted Living (CCAL) is a nonprofit consumer-based organization focused on the needs, rights and protection of assisted living residents, their caregivers, and loved ones. There website provides a detailed overview of assisted living services and "Ten Tips for Choosing an Assisted Living Facility."
- Reporting Elder Abuse and Neglect to the Department of Social Services
Description: Health care professionals have a legal duty to report the abuse and neglect of the elderly to the Department of Social Services. This link takes you to the Department of Social Services to show you how to properly report the abuse and neglect of the elderly.
- Rights and Responsibilities of Residents of Assisted Living Facilities
Description: Virginia law provides residents of assisted living facilities with basic rights. Attached is a link describes the minimum standard permitted by under Virginia law.
- Standards and Regulations for Assisted Living Facilities
Description: The Virginia Department of Social Services has promulgated regulations for licensed assisted living facilities. Facilities that fail to comply with the regulations are subject to sanction. They can be a basis for a civil lawsuit when their residents suffer injuries or death.
- Virginia State Bar's Senior Lawyer's Conference: Assisted Living Facilities in Virginia
Description: This article was prepared for the Virginia State Bar's Senior Lawyer's Conference. The article describes the purposes of assisted living facilities and their ongoing problems.