If you or a loved one has suffered nursing home abuse or neglect in the Charlottesville, VA area, you deserve justice and compensation. However, you will face an uphill battle when taking on a nursing home or assisted living facility on your own. That’s why you need an experienced Charlottesville nursing home abuse lawyer for help.
For over 100 years, the Allen & Allen law firm has been fighting for the rights of injured Virginians and their families. Nursing home abuse and neglect is a particularly disturbing issue that we take very seriously.
Our skilled litigators have in-depth knowledge of Virginia nursing home laws and regulations, as well as experience investigating and building robust cases against negligent care facilities.
Contact us today for a free consultation and learn of your options for pursuing the compensation and justice you deserve.
Contact us today for a free consultation.
Charlottesville Nursing Home Abuse
- Why Allen & Allen is the Right Choice for Your Charlottesville Nursing Home Abuse Claim
- Charlottesville and Virginia Nursing Home Abuse Statistics
- Causes of Nursing Home Abuse and Neglect
- What Injuries Are Red Flags for Nursing Home Abuse or Neglect?
- Why You Should Pursue a Charlottesville Nursing Home Abuse Lawsuit
- How Allen & Allen’s Attorneys Can Help You
- FAQ About Virginia Nursing Home Abuse Claims
- Call Allen & Allen for Your Nursing Home Abuse Case Today
Why Allen & Allen is the Right Choice for Your Charlottesville Nursing Home Abuse Claim
We understand that this is likely one of the most difficult situations your family has ever faced. Putting your trust in a nursing home and then having that trust violated through abuse, neglect or inadequate care is traumatizing.
You need a legal advocate who will treat you with compassion, keep you informed every step of the way, and fight tirelessly to get you the compensation and accountability you deserve.
That’s the Allen & Allen way – we make your fight our fight. Aggressively standing up against nursing home negligence while supporting you through this challenging process is our mission. We’re not interested in just checking boxes, but in being advisors and counselors you can trust.
Pursuing a nursing home abuse claim can be complex, but we aim to make it as easy as possible for you. We operate on a contingency fee basis, which means you pay no attorney’s fees unless we win your case and recover compensation for you. The fees come out of the money awarded, not your own pocket.
The legacy of our firm was built on empowering everyday Virginians to take on wealthy, powerful entities and get justice. Let us put that experience and commitment to work for you.
Call us now at 866-388-1307 for your no-cost case evaluation. We will review your case and help you determine the best course of action. You can rely on us for zealous advocacy throughout the process to improve your chances of a successful outcome.
Charlottesville and Virginia Nursing Home Abuse Statistics
Nursing home abuse and neglect are shockingly widespread problems, both in Virginia and nationwide.
State and federal data reveals some disturbing trends:
- In recent years, over 25% of nursing homes in Virginia were cited for violations that had the potential to cause harm or did cause actual harm to residents.
- Common violations included failure to properly look after residents’ nutritional needs, prevent falls, protect residents from mistreatment, or meet accepted professional standards of care.
- Nursing home inspectors received over 18,000 complaints regarding Virginia facilities over a recent 3-year period.
- Around 33% of nursing homes in the Charlottesville metropolitan area were rated as “below average” or “much below average” in Medicare’s nursing home rating system.
- A government study found that an astonishing 94% of nursing home residents across the country had either been neglected, abused, or seen another resident neglected or abused.
- Resident-on-resident abuse is a major issue, with around 20% of serious nursing home cases involving violence between residents.
These numbers are absolutely unacceptable. Charlottesville families who have entrusted the care of their loved ones to nursing homes and assisted living facilities deserve better.
Causes of Nursing Home Abuse and Neglect
There is no single root cause for the prevalence of nursing home abuse and neglect, but several major factors contribute:
Understaffing
Many nursing homes are chronically understaffed, leaving too few overworked employees to properly care for all residents. This leads to neglected basic needs, rushed treatment, inadequate supervision, and raises caretaker stress and burnout.
Undertrained Staff
Nursing home staff often lack proper training in how to care for residents, especially those with disabilities or difficult behaviors. This can lead to improper techniques, lack of understanding, and abusive conduct.
Poor Screening and Supervision
Nursing homes sometimes fail to thoroughly screen prospective employees for criminal records or past incidents of abuse, or lack robust supervision and monitoring of current staff.
Cost-Cutting Measures
The drive to maximize profits can cause nursing homes to cut corners on critical quality of care needs like staffing levels, employee training, safety equipment, or basic services and amenities.
Overprescribed Medication
To more easily control difficult residents, nursing homes sometimes improperly prescribe antipsychotic drugs or sedatives, which can have dangerous side effects if not absolutely medically warranted.
Resident Vulnerability
The frail health and mental state of many nursing home residents makes them easier targets for abuse and neglect to occur without being reported.
Elder Financial Abuse
Another insidious form of nursing home mistreatment is elder financial abuse or exploitation.
This can take many forms, including:
- Stealing cash, checks, financial account credentials, valuables, or personal property from residents
- Improperly taking control of a resident’s money or assets when not legally authorized
- Using coercion or deception to gain control of funds, property or personal assets
- Overcharging or charging for services not rendered
- Forging signatures to improperly access funds
- Using funds improperly or in ways not asked for or consented to by the resident
Financial abuse often goes hand-in-hand with other forms of neglect or abuse, depriving vulnerable residents of the assets and funds they need for their own care and wellbeing. It can be perpetrated by any employee, contractor or outside party that has access to residents.
Red flags for potential financial exploitation include unusual account withdrawals or transfers, missing belongings, new powers of attorney or property title transfers the resident doesn’t understand, or a resident suddenly being unable to pay for basic care needs.
What Injuries Are Red Flags for Nursing Home Abuse or Neglect?
If you notice any of the following injuries on a loved one residing in a nursing home, they should raise serious red flags for potential negligence or abuse:
- Bedsores/Pressure Ulcers: Unrelieved pressure on the skin due to immobility can lead to the development of painful bedsores or pressure ulcers. Proper care and regularly repositioning the patient prevents them. Severe cases can become life-threatening.
- Frequent Falls or Fractures: Nursing homes should take precautions to prevent residents with mobility issues from falls that can easily cause broken bones and serious injuries. Frequent falls indicate neglectful supervision.
- Malnutrition/Dehydration: Dramatic weight loss, persistent hunger or thirst, or specific nutrient deficiencies in a resident may indicate a failure to provide sufficient food and water.
- Bruises, Burns, Cuts or Restraint Marks: Any unexplained injuries of this nature, especially in patterns suggesting grip marks or strikes, are signs of potential physical abuse.
- Poor Hygiene or Soiled Clothing: Nursing home residents who are routinely unclean, unwashed, or left sitting in their own waste point to a lack of basic care and respect.
- Sudden Behavioral Changes: A nursing home resident who abruptly becomes withdrawn, depressed, anxious or afraid around certain staff may be experiencing abuse or neglect causing emotional trauma.
- Sexual Abuse: Signs of potential sexual abuse include bruising around breasts or genitals, torn undergarments, STIs, or PTSD-like symptoms and fear of being touched.
Why You Should Pursue a Charlottesville Nursing Home Abuse Lawsuit
Victims and families take legal action against nursing homes guilty of abuse, neglect, or exploitation for many compelling reasons:
- Get Justice: First and foremost, filing a lawsuit is how you hold abusive and neglectful nursing homes accountable. Without consequences, substandard care is more likely to continue.
- Compensation for Damages: Lawsuits can win monetary compensation to cover medical expenses, relocation costs, emotional distress, pain and suffering, lost wages, and other damages.
- Deter Future Bad Conduct: Large damage awards get nursing homes’ full attention and incentivize them to fundamentally change harmful practices to avoid future liability.
- Give Victims a Voice: The legal process empowers victims and families to stand up, share their story, expose wrongdoing, and enact change.
How Allen & Allen’s Attorneys Can Help You
Having one of Allen & Allen’s skilled nursing home abuse attorneys in your corner provides invaluable benefits when seeking justice, including:
- A Compassionate Ear: Our attorneys understand how emotionally devastating nursing home abuse is for victims and loved ones. We’re here to listen, support, and fight wholeheartedly for you.
- Thorough Investigation: We know how to gather evidence, question staff, subpoena records, and build a comprehensive case to prove neglect or abuse occurred.
- In-Depth Knowledge: We have in-depth knowledge of state and federal nursing home regulations, safety standards, and what constitutes negligent care and violations.
- Settlement Negotiation: Our legal team will tenaciously negotiate to win you full and fair compensation in settlement talks with nursing homes and their insurers.
- Vigorous Litigation: If facilities won’t settle reasonably, we won’t hesitate to take your case to trial. Our fearless litigators will make the strongest case possible before a judge and jury.
- Close Client Relationships: You’ll always know where your case stands, as we prioritize consistent communication, transparency, and hands-on support.
The compensation we’ve won for past clients includes awards for medical bills, disability costs, relocation to suitable living facilities, emotional trauma, lost wages or earnings, punitive damages, and more. We take all damages into account to maximize the outcome for you and your family.
FAQ About Virginia Nursing Home Abuse Claims
Q: How quickly should I file a nursing home abuse claim?
A: You’ll want to contact an attorney right away, as Virginia has a strict two-year statute of limitations for personal injury and nursing home abuse cases. Taking prompt action helps preserve critical evidence.
Q: Can I afford an attorney for a nursing home abuse case?
A: Nursing home abuse law firms like Allen & Allen work on contingency fees, meaning you only pay if we recover compensation for you out of that award – no upfront costs.
Q: What are the most common forms of nursing home abuse?
A: While physical and sexual abuse get attention, neglect resulting in dehydration, malnutrition, untreated bedsores, improper medication, poor hygiene and preventable falls are sadly widespread.
Q: How can I report suspected nursing home abuse in Virginia?
A: You can contact the Virginia Department of Social Services or your local long-term care ombudsman, who advocates for nursing home residents’ rights. But consulting an attorney can determine your best options.
Q: What damages can you recover in a nursing home lawsuit?
A: Common damages include medical expenses, relocation costs, emotional distress, pain and suffering, lost wages, punitive damages, and more based on your specific situation.
Q: How Long Do I Have to Sue a Nursing Home Facility for Abuse in Virginia?
A: In most cases, you have two years to file a lawsuit in Virginia against a nursing home facility, seeking damages. However, the statute of limitations can vary depending on the nature of the abuse and other factors.
You need to contact a Virginia nursing home abuse lawyer right away to discuss your case and learn of the deadlines that apply. If you don’t have an attorney file suit for you within the prescribed deadline, you’ll likely lose your right to pursue compensation.
Richard Armstrong, Nursing Home Abuse Lawyer in Charlottesville
Call Allen & Allen for Your Nursing Home Abuse Case Today
If you or a loved one has suffered abuse or neglect in a nursing facility in the Charlottesville area, you need an advocate with experience taking on these powerful care providers – someone who will tenaciously pursue justice and compensation for what you’ve endured.
Turn to Allen & Allen for the help you need. Our firm has been a respected, client-focused legal voice in this community for over a century. We treat each case with empathy, diligence, and integrity. Most importantly, we fight with relentless determination to stand up against nursing home abuse and make your battle our own.
Don’t wait to take action. Call Allen & Allen today at 866-388-1307 or contact us online for your free, completely confidential consultation.
Our Charlottesville Office
Allen, Allen, Allen & Allen
946 Grady Ave Suite 201
Charlottesville, VA 2290