Nursing Home Abuse and Neglect
Nursing Home Abuse: Legal Remedies
TAKING ACTION WHEN SOMETHING IS WRONG
Unfortunately, the abuse and neglect of the elderly in nursing homes and assisted living facilities frequently goes completely undetected and unreported. There are not enough inspectors in Virginia to detect abuse and prevent all abuse and neglect. Furthermore, nursing home administrators frequently fail to report abuse and neglect to the inspectors.
This is where your vigilance and record keeping make a difference. Whether the problems are minor and easily handled within the facility or major and needing an attorney experienced in litigating nursing home abuse and neglect, your well-kept records will greatly affect the efficacy of any action you choose to take.
There are many problems that can be handled at the facility level: diet, cleanliness of the room and bed, resident’s hygiene, theft, etc. Take care of these kinds of problems with tact as sometimes staff will be unaware of a problem until it is brought to their attention. If speaking with the staff member does not resolve the problem, you may , speaking with the director of the proper department is usually enough to take care of the problem.
If you suspect abuse or neglect, take a couple breaths and consult Carolyn Lavecchia, Josh Silverman and their experienced nursing home abuse team at Williamson & Lavecchia, L.C. as soon as you can as these are extremely complex types of cases.
After discussing the situation with Carolyn and Josh, you will have a better sense of how to proceed. This includes reporting your suspicions to the State Ombudsman, lodging a complaint with the Virginia Department of Health and/or Department of Social Services, or filing a lawsuit.
After speaking with you if we believe the facts warrant further investigation and you choose to hire us we will thoroughly investigate the case. In most cases we will request the pertinent nursing home and hospital records and issue a Freedom of Information Act (FOIA) request to the state. Under the FOIA, the state is required to provide us with their inspection reports and findings within five days. These reports may show a pattern of abuse and neglect of the elderly. To learn more about the facility, we often check the court records to see if there are pending or prior lawsuits against the nursing home.
After collecting the pertinent documents we will review them to assess whether to hire an expert(s). Most cases require a nurse expert and a physician with a nursing home practice. After an expert review we will discuss filing a lawsuit with you.
We cannot place enough stress on the complexity of Nursing Home Abuse and Nursing Home Neglect litigation. Please give Carolyn or Josh a call (804) 288-1661 or e-mail them about your situation at js@wllc.com.
Library for 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. - 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. - 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." - 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. - 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. - 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.
Frequent Questions for Nursing Home Abuse and Neglect:
- What is involved in an official nursing home inspection?
- How many Virginia residents are in nursing homes?
What is a nursing home arbitration agreement?
What happens if I refuse to sign an arbitration clause?
- Can I still file a lawsuit if a loved one is injured or dies at a nursing home after having signed an arbitration agreement?
- What are the staffing requirements for nursing homes?
- What is the statute of limitations (time limit) for filing suit against an adult home or a nursing home?
- Are there caps on the amount that can be recovered against a nursing home?
- Can nursing homes and assisted living facilities be held liable for punitive damages?
Web Resources for Nursing Home Abuse and Neglect:
- Aggression Between Nursing Home Patients is Common
Description:
A recent study by Cornell University shows that aggression between nursing home patients is far more common than previously thought. "Resident to Resident" violence is a serious matter. Nursing homes have an obligation to take reasonable steps to protect their residents from abuse This study notes 35 different types of abuse inflicted on residents by other residents.
- National Clearinghouse for Long Term Care Information
Description: Sponsored by the U.S. Department of Health and Human Services, this website contains a wealth of information about the risks for going into a nursing home, the costs of nursing home care, and how to prepare yourself for the possibility of becoming a nursing home patient.
- Compare Nursing Homes: 5 star rating system
Description: Medicare has recently updated this web page so you can compare nursing homes based on a 5 star rating system. You can even search for nursing homes in your area based on the number of stars earned. The ratings are based on surveys by the nursing home inspectors.
- Fairness in Nursing Home Arbitration Act of 2008
Description: Entering nursing home for the first time can be stressful, scary, and intimidating. When a patient is admitted to a nursing home they are often handled a large stack of papers to sign. Lost in those papers are an agreement to waive the right to trial by jury. Those papers often gather dust until a nursing home patient or his heirs sues for abuse and neglect. The Fairness in Nursing Home Arbitration Act of 2008 will make these agreements unenforceable. Please contact your representatives in Congress and let them know you support this legislation.
- AARP Article on Selecting a Nursing Home
Description: A former long term care ombudsman offers ten tips for choosing a nursing home. Helpful tips include making an unannounced visit (just like a nursing home inspector) so you can see what the nursing looks like on an average day, not when they are anticipating a visit.
- Nursing Home Reform Act - AARP Fact Sheet
Description: After a 1986 study by the Institute of Medicine found that nursing home residents were being abused, neglected, and exploited, Congress passed the Nursing Home Reform Act of 1987. This Fact Sheet by the AARP provides a useful summary of the Nursing Home Reform Act including the Resident's Bill of Rights and inspection and certification process.
- Citizens' Committee to Protect the Elderly
Description: The Citizens' Committee to Protect the Elderly is a private non-profit group that information and support to families and residents of nursing homes.
- TLC 4 Long Term Care
Description: TLC 4 Long Term Care is a citizens group based in Virginia that seeks to improve the quality of care provided to nursing home patients.
- Virginia Department of Health: Complaint Form
Description: The Virginia Department of Health is charged with regulating nursing homes. Through its website you may file a complaint against a nursing home if you believe that a patient is a victim of nursing home or neglect.
- Virginia Department of Health: Long Term Care
Description: The Virginia Department of Health regulates Virginia nursing homes. This website provides information on nursing home regulations, inspections, and complaints.
