Nursing Home Abuse Lawyer Virginia Beach
March is Traumatic Brain Injury Awareness Month. There are a number of ways victims can sustain brain injuries, including car accidents, motorcycle crashes, and premises liability accidents. While brain injuries are dangerous for a victim of any age, these injuries can be especially dangerous for the elderly, even more so for those who have underlying health conditions and are in assisted living facilities or nursing homes.
Brain injuries and skull fractures are the most common fall-related injuries that can cause a serious decline in an elderly victim’s health and can even contribute to their death. According to the Centers for Disease Control and Prevention, brain injuries are a significant factor in about 20 percent of all nursing home deaths each year.
If you suspect your elderly loved one is a victim of nursing home abuse or neglect, it is important to reach out to a Virginia Beach nursing home abuse lawyer from Shapiro, Washburn & Sharp right away.
What Are Symptoms of a Brain Injury?
When an elderly resident has suffered a fall in a nursing home, and a brain injury is suspected, there are signs that staff needs to watch for. Unfortunately, many nursing homes are understaffed, often leading to overworked staff who are so busy they fail to notice signs that something is wrong with a resident. If a family member or other visitor notices any of the following symptoms in their loved one, they must immediately alert the nursing home director or doctor. If they are not available, then the family should consider calling 911 if necessary:
- Agitation
- Behavior changes
- Blood-tinged or clear fluid in the resident’s ears or nose
- Coma
- Confusion
- Convulsions
- Dilated pupils
- Dizziness
- Facial weakness or droopy eyelids
- Infections
- Issues with concentration
- Issues with memory
- Issues with sleep
- Issues with vision
- Lingering or worsening headache
- Loss of balance
- Loss of consciousness
- Loss of coordination
- Muscle weakness
- Nausea and vomiting
- Paralysis
- Ringing in ears
- Sensitivity to light or sound
- Slurred speech
- Sudden loss of appetite
- Trouble with speaking
Is the Fall a Sign of Neglect or Abuse?
While it is possible that the resident fell on their own, any brain injury or other injury from a fall could indicate that the resident is being abused or neglected. Does the resident have any other bruises or cuts that could indicate they fell from being pushed or other type of physical abuse? Are they open about how the fall occurred, or do they refuse to talk about what happened? Are they being overprescribed antipsychotics, anticonvulsants, or blood thinners, which all increase the risk of falling? Signs that could indicate the fall was caused by neglect are the overall condition of the resident, including whether or not they have bedsores, their personal hygiene is being taken care of, and they have not had a sudden unexplained weight loss.
What Are Legal Options for Nursing Home Abuse?
If a family discovers their loved one is a victim of nursing home abuse or neglect, pursuing a civil claim is one of the most direct and essential legal options. A personal injury lawsuit allows the family to seek compensation for the harm suffered by their loved one. These lawsuits are intended to address the consequences of abuse or neglect, ensuring that the responsible parties—whether the nursing home, individual caregivers, or the facility’s management—are held accountable.
The most common legal grounds for a civil claim in nursing home abuse cases include negligence, reckless conduct, and intentional infliction of harm. A negligence claim typically arises when a nursing home fails to meet the standard of care required by law, leading to injury or harm. For example, inadequate staffing, failure to monitor residents, or failure to prevent preventable falls could constitute negligence. If the harm results from intentional misconduct, such as physical assault or verbal abuse, an intentional tort claim may be pursued.
To file a claim, families must prove that the nursing home’s actions or inactions directly caused harm to the resident. This often involves gathering evidence, including medical records, witness testimonies, and expert opinions. A nursing home abuse lawyer can provide crucial support in this process, helping to navigate complex laws and ensure the family’s case is as strong as possible.
Ultimately, pursuing a civil claim for nursing home abuse not only seeks justice for the victim but also aims to ensure accountability and protect vulnerable individuals in long-term care facilities.
Let Our Personal Injury Law Firm Help
If your elderly loved one has been the victim of nursing home abuse or neglect, contact Shapiro, Washburn & Sharp to find out what legal recourse your family may have. Our Virginia Beach nursing home abuse attorneys have been aggressively advocating for victims for four decades and have helped many nursing home abuse victims receive compensation for their injuries, like the $300,000 arbitration award we obtained for one client who suffered a fall from her bed resulting in a serious fracture of her left tibia and fibula, resulting in amputation of her leg.
Contact our office today to set up a free and confidential consultation with one of our dedicated nursing home abuse attorneys.