Nursing Home Abuse Lawyer Virginia Beach
It’s never easy to trust a long-term care facility with the care of an elderly loved one, but sometimes, there’s no other choice. Families who take this step want to trust that the facility and its staff members will treat their loved one with the utmost care. That is what the facility promises, as well, but unfortunately, not all of them live up to those promises.
Perhaps everything went all right for a while, but then you went in to visit your loved one, and things changed. Maybe your elderly parent or grandparent suffered from bedsores or had bruises on their skin. Perhaps they seemed withdrawn or malnourished, and when you asked about it, the staff was evasive or dismissive. Emotions like anger, betrayal, and confusion overwhelmed you. You wanted to fix things but didn’t know what to do first.
If you suspect mistreatment or neglect in a long-term care facility, you’ll want to act as quickly as possible to protect your loved one and others who may be at risk. Our Virginia Beach nursing home abuse attorneys can help. At Shapiro, Washburn, & Sharp, we can help guide you through the process of filing a complaint and then going over your case to see what your other options are. Call us at 833-997-1774 for a free consultation.
What Are the Legal Responsibilities of Long-Term Care Facilities?
Long-term care facilities (or nursing homes) must provide residents with a safe and healthy environment. Virginia Code 32.1-138 outlines the rights of patients in nursing homes. It mandates that these facilities guarantee that each patient receives adequate and appropriate health care, is free from mental and physical abuse, and is treated with consideration, respect, and full recognition of their dignity and individuality.
More specifically, nursing homes owe their residents a duty of care, which means they must:
- Provide basic needs: This includes proper nutrition, hydration, hygiene, and medical care.
- Keep the environment safe: The staff must protect residents from harm, including falls, abuse, and preventable illnesses.
- Treat residents with respect: Staff members must treat each patient with respect and dignity.
- Provide proper monitoring: Staff members must carefully monitor residents to ensure they don’t suffer accidents or that their health doesn’t deteriorate.
If a facility doesn’t live up to these obligations, residents can suffer from negligence, abuse, and neglect that can lead to injuries, trauma, declining health, and sometimes, death. If you notice that your loved one is being neglected or harmed, it’s important to file a complaint immediately.
What Is a Formal Complaint, and How Do I File One?
Your first step in advocating for your loved one’s rights is to file a formal complaint. This helps create an official record of the abuse or neglect while also holding the facility accountable.
A complaint is a formal report submitted to a regulatory agency. In this case, you would file with the Virginia Department of Health’s Licensing and Certification Department, the state agency responsible for overseeing and regulating healthcare facilities. You notify them in your official report of the harms committed by the long-term care facility. Your complaint may talk about issues like abuse, neglect, poor living conditions, or inadequate medical care.
It’s a good idea to file this complaint for several reasons. First, it may initiate an investigation, which can protect all of the facility’s residents. It holds the facility accountable for its actions and may encourage management to improve its care standards. Finally, it provides evidence of the issue, and if you decide to take legal action against the facility in the future, your complaint will be a critical piece of evidence in the proceedings.
To file this type of complaint in Virginia, take the following steps:
1. Gather Evidence
Try to document as many of the issues you saw at the facility as possible. Take pictures and videos, get copies of medical records, and write detailed notes about what you saw. Include photos of your loved one’s injuries, if applicable, and of anything you see in the facility that you feel demonstrated neglect.
2. Contact the Licensing and Certification Department
You can submit your complaint by calling the department directly at (804) 367-2106 or (800) 955-1819, or by completing the form and following the instructions to submit it on their website. If you have questions about this process, our nursing home abuse attorneys can help.
3. Provide Specific Details
In your complaint, whether you call or fill out the form, you’ll want to include the facility’s name, address, the date(s) of the incident, as well as a clear description of the problems you observed.
4. Submit Anonymously or Confidentially
If you’re concerned about the nursing home or its staff members retaliating against your loved one after you file your complaint, you can file it anonymously or request confidentiality.
How Can a Nursing Home Abuse Attorney Help?
You may be able to file a complaint against the long-term care facility on your own, but it’s not always enough to make the situation right. If you believe that your loved one was harmed and that you deserve compensation, contact us today.
We have extensive experience in nursing home abuse lawsuits. We will help investigate the situation and advise you on your next steps. If you decide to file a lawsuit, we will handle all the paperwork and negotiate with the appropriate insurance companies on your behalf.
Together, we can protect your loved one and ensure no other resident or family endures the same type of pain, as we did for this 80-year-old woman and her family after she suffered from a fall in a nursing home that resulted in her leg being amputated. After a 2-day arbitration hearing, we helped secure a $300,000 award.
We have multiple locations to serve you, including Virginia Beach, Hampton, Portsmouth, Norfolk, and Chesapeake.
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