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Richmond Nursing Home Abuse Lawyer

Getting older comes with several disadvantages, one of the most significant ones being the potential to lose the ability to take care of oneself. For this and many other reasons, nursing homes and assisted living communities are available for elders to live comfortably and for loved ones to feel secure knowing their family is taken care of.

While it’s difficult to believe that anyone would abuse the elderly, it happens more often than it should. About one in six adults over the age of 60 has experienced some form of abuse in the last year, and two in three staff members at care facilities have committed abuse in the past year.

Whether you suspect or know your loved one has been the victim of nursing home abuse, you need an elder abuse law firm. The legal team at Commonwealth Law Group is ready to provide quality legal guidance.

Understanding Nursing Home Abuse

Nursing home abuse occurs when nursing home staff intentionally or unintentionally harm elder residents. In many cases, intentional harm is called elder abuse, while unintentional harm is referred to as elder neglect.

Whether staff members intentionally or unintentionally cause their patients harm, the result is usually the same: elder victims suffering from injuries or medical conditions, including physical, mental, or emotional trauma.

Different Types of Nursing Home Abuse

“Nursing home abuse” is an umbrella term, as abuse of the elderly comes in several different forms. The elderly may be the victim of one form of abuse or a combination of multiple types of abuse.

Physical Abuse

Physical abuse results in physical harm to elder victims. Staff members can physically abuse elders by:

  • Hitting
  • Pushing
  • Physically restraining

Physical abuse usually results in bodily harm, including lacerations, broken bones, and bleeding. Because many older individuals’ bodies don’t heal like they once did, physical abuse can take a significant toll on a victim’s body, often resulting in extensive recovery times or life-changing consequences.

Emotional Abuse

Emotional abuse, also referred to as psychological abuse, occurs when a staff member verbally abuses the victim. Emotional abuse usually occurs by:

  • Threatening
  • Insulting
  • Isolating victims from others
  • Controlling behavior
  • Manipulation

Emotional abuse is particularly common, as many staff members feel they can get away with it. Because this type of abuse does not leave any physical evidence, it’s more difficult to notice.

Sexual Abuse

Sexual abuse refers to non-consensual sexual encounters between elder victims and nursing home staff. As in many cases, victims of elder sexual abuse are incapacitated to some degree. This type of abuse is common for staff members who like to assert power or dominance over their victims.

Sexual abuse also does not always necessarily mean just physical touching, as it can also include forcing victims to undress or watch pornography.

Financial Abuse

Nursing home staff may view some elders as easy targets, especially if they do not have actively involved family members or friends.

Some elders may mistakenly put their trust in nursing home staff, giving them access to their financial information. Staff members may also talk their victims into changing their estate plans to include them.

Signs of Nursing Home Abuse

When a loved one is in a long-term care facility or nursing home, it’s important to regularly check up on them and look out for signs of nursing home abuse, as it can happen to anyone.

The physical signs that may indicate nursing home abuse include:

  • Bruises
  • Cuts
  • Fractured or broken bones
  • Bedsores
  • Unexplained weight loss
  • Dehydration
  • Signs of poor hygiene
  • Sexually transmitted diseases
  • Signs of physical restraint

Victims can also exhibit emotional signs, including:

  • Withdrawal
  • Mood swings
  • Strange behavior
  • Noticeable distress
  • Fearfulness

Other signs of potential nursing home abuse can include the staff not allowing anyone to visit the elderly resident or never leaving the resident alone when they have company.

If you think your loved one is experiencing nursing home abuse, take action. Nursing home attorneys can help you.

Liability for Nursing Home Abuse

Elder abuse in long-term care facilities happens for many reasons, including understaffing and stressed or overworked staff. Nursing home abuse can also happen when the facility negligently hires certain staff members.

Typically, the staff member that committed the abuse is held liable, along with the facility that employs them.

Elder abuse attorneys thoroughly investigate claims of abuse to determine the cause of the victim’s injuries. If a staff member is found to be at fault for the elder victim’s harm, nursing home neglect lawyers aim to pursue justice and compensation for the victim and their loved ones.

Nursing Home Abuse: Frequently Asked Questions

The following are among the most asked questions regarding elder abuse and nursing home abuse lawsuits.

What Rights Do Nursing Home Residents Have?

Just because an individual moves into a nursing home, it does not mean they lose any rights or privileges. Under the law, nursing home residents have the rights to:

  • Be fully informed
  • Remain free from neglect and abuse
  • Participate in their medical care plan
  • Privacy
  • Manage their personal affairs
  • Respect
  • Voice their grievances
  • Remain in the nursing home
  • Legal representation

Nursing homes and their staff should always respect elderly residents and their legal rights.

What Evidence Can Be Used to Prove Nursing Home Neglect?

Evidence can significantly help strengthen a claim and build a successful case. Some of the evidence that may be useful in nursing home abuse cases includes:

  • Photos and videos
  • Witness accounts
  • Surveillance footage
  • Medical records
  • Physician’s notes

It can also be helpful for the victim’s loved ones to jot down important notes, including details about conversations with staff members and personal observations.

I Suspect My Loved One is a Victim of Nursing Home Abuse — What Should I Do?

Even if you have the smallest suspicion that your loved one may have fallen victim to elder abuse, you should jump to action right away.

Finding concrete evidence of nursing home abuse can be challenging and often not readily available. The sooner you begin looking into your suspicions, the sooner you’re likely to find the answers you’re looking for.

As soon as you begin believing your loved one may be experiencing elder neglect, schedule a consultation with a nursing home abuse lawyer right away.

I Lost My Loved One as a Result of Nursing Home Neglect. What Are My Legal Options?

In the most unfortunate nursing home abuse cases, elder victims pass away. If your loved one has died, and you know or believe their passing was caused by elder abuse, speak to a nursing home abuse attorney as soon as possible.

Nursing home lawyers can provide legal options, which may include filing a wrongful death lawsuit for the losses associated with your loved one’s passing.

How Much Time Do I Have to File a Nursing Home Abuse Lawsuit?

If you wish to file a lawsuit for nursing home abuse, the window to do so is small. In Virginia, the statute of limitations for injuries caused by elder abuse is two years from the date of injury. In some cases, the statute may be prolonged, depending on when the injury was discovered.

Failing to file your nursing home abuse lawsuit on time can be detrimental to your chances for financial recovery. Therefore, consult with nursing home neglect lawyers as soon as possible to begin working on your case promptly.

Discuss Your Case with an Experienced Richmond, VA, Nursing Home Abuse Attorney

The legal team at Commonwealth Law Group is passionate about providing injured clients with legal guidance, particularly those who have experienced elder abuse.

Learning your loved one has suffered elder abuse is heartbreaking. Therefore, you can rely on us to approach your case with compassion while also fighting aggressively to hold responsible parties accountable for their wrongful actions.

Contact our firm today to schedule a consultation with one of our skilled nursing home abuse lawyers.

Nursing Home Abuse Attorney Practice Areas

Don’t see the practice area that applies to your case? Contact us and we will get you the help you need.

“Great law group. Everyone was kind and down to earth. Made me feel like I was their only client. Very attentive to me and my case.”

Karen Jacobs

If you have been injured at work or through the negligence of another individual or entity, contact us at (804) 999-9999 or or use the form below to connect with our legal team. We will fight to get you the justice you deserve.