posted on May 16, 2019
Deciding to place a loved one in a nursing home is one of the most difficult decisions a family has to make. You put your trust in the facility owners and staff, and you reasonably expect that your loved one will receive the care that he or she deserves. If the worst happens, and your loved one suffers injury due to abuse or neglect, you have the right to sue the nursing home and seek justice and compensation.
The Virginia nursing home abuse and neglect attorneys of Marks & Harrison are here to help you to put a stop to the mistreatment of your loved one and seek accountability from those responsible for it. For more than a century, our attorneys have protected the rights of injury victims and their families throughout Virginia. We can go to work for you today. Contact us now for a free consultation.
When an act of negligence or abuse causes harm to a patient or resident, family members have a right to seek justice through a civil lawsuit against those responsible, including the facility itself. The conduct of an employee, an ongoing facility practice or poor staff training and supervision can create a hazardous environment for residents, who are some of the most vulnerable members of our population.
Some of the most common types of negligence on the part of nursing home owners, administrators and staff members are:
Quality of care is the fundamental principle guiding the Nursing Home Reform Act. This federal legislation applies to all nursing home and residential care and treatment facilities in Virginia. The goal of the law is to ensure that elderly residents receive the best possible care, and it is designed to protect their mental and physical well-being. The law requires care facilities to maintain professional standards of practice.
Nursing facilities that receive funding for Medicare and Medicaid must carefully comply with the law’s requirements. It requires that a residential or treatment facility make sure that each resident receives adequate supervision and assistive devices such as wheelchairs and walkers. Additionally, the facility must provide an environment that is as free of accident hazards as possible. Under the law, nursing homes are specifically required to:
Under federal law, a nursing home resident also has the right to choose and refuse services and procedures according to their personal standards for quality of life. Nursing home patients not only have the right to receive proper medical care in a safe environment, but they are also entitled to privacy, security and dignity.
Determining who is liable for the injury of your loved one while in the care of a nursing home facility can be complicated. Different parties such as the owner, operator or staff member may be liable. Sometimes, more than one party is responsible and should be held accountable. Each case is different and deserves an investigation by authorities and a qualified nursing home abuse attorney.
An experienced lawyer at Marks & Harrison will conduct a thorough, independent investigation, and we may also consult with experts on the proper standard of nursing home care. Once we have evaluated the situation and collected evidence, we will advise you on your legal options and help you to seek just compensation for the harm that your loved one and your family has experienced.
The attorneys of Marks & Harrison understand the anger, frustration and betrayal that family members feel when a loved one has been abused or neglected in a nursing home by those who were charged with their care. We are ready to help you put a stop to this mistreatment and seek justice. Our consultations are always confidential, and we won’t charge any fees unless we recover compensation for you. Contact us today to get started.
Kevin T. Hadden is a graduate of the University of Georgia and University of Richmond School of Law, where he served as President of the Student Bar Association. Today, as an attorney with Marks & Harrison, he focuses his practice exclusively on personal injury law. He has received many accolades for his work, including being named one of the Top 10 Best Attorneys for Client Satisfaction in Virginia in 2015 by the American Institute of Personal Injury Attorneys. He is admitted to practice in Virginia state courts and the U.S. District Courts for the Eastern and Western Districts of Virginia.