Many of Virginia’s 289 nursing homes are located in Fredericksburg. Designed for older adults and those with disabilities, these facilities should provide a safe and supportive environment for loved ones.
Unfortunately, not all nursing homes live up to this expectation. When your loved one has suffered in a care facility, you need the help of a Fredericksburg nursing home abuse lawyer.
At Allen & Allen, we understand the fear, worry, and anger that comes with discovering a nursing home abused a loved one. Our experienced injury lawyers are dedicated to helping you seek justice and compensation for your loved one’s suffering.
Contact us today for a free consultation.
Fredericksburg Nursing Home Abuse and Neglect
- Why choose our Fredericksburg nursing home abuse and neglect attorneys?
- What is considered nursing home abuse or neglect?
- How much is a Fredericksburg nursing home abuse or neglect case worth?
- Suspect nursing home abuse or neglect in Fredericksburg? Here’s what to do.
- What are the penalties for nursing home abuse and neglect in Fredericksburg, VA?
- What is not considered nursing home abuse or neglect?
- Our practice areas
- Frequently asked questions
- Trust Allen & Allen nursing home abuse and neglect attorneys with your loved ones case
Why Choose Our Fredericksburg Nursing Home Abuse and Neglect Attorneys?
Our values guide our work, and there is no greater value at Allen & Allen than protecting the vulnerable.
We believe nursing home residents deserve to be treated with dignity and respect, and we are committed to holding those who violate this trust accountable.
Over 100 years of practice have taught us the importance of thorough investigation and preparation for every case.
Our attorneys will work closely with you to gather evidence, interview witnesses, and build a strong case against the nursing home responsible for your loved one’s abuse or neglect.
Allen & Allen offers free consultations online or by phone. Our legal team is well-positioned to handle complex nursing home abuse cases throughout the state, with offices in Fredericksburg, Charlottesville, and other locations across Virginia.
Don’t let your loved one suffer from nursing home abuse or neglect. Contact our Fredericksburg personal injury attorneys for comprehensive, competent legal guidance.
What is Considered Nursing Home Abuse or Neglect?
Nursing home abuse or neglect isn’t always easy to spot, and those who suffer are often too afraid or unable to speak out. Knowing the signs and symptoms is the first step to understanding if you have a potential nursing home abuse case in Fredericksburg.
Physical abuse
Common signs of physical abuse include unexplained bruises, broken bones, or other soft tissue injuries. The resident may also seem fearful or withdrawn around certain staff members.
However, this abuse isn’t limited to physical impacts by caregivers. It also includes unnecessary use of restraints, force-feeding, or withholding necessary medical treatment.
Emotional abuse
The most common emotional abuse in nursing homes is verbal, such as yelling, belittling, or humiliating the resident. Signs of emotional abuse include sudden changes in behavior or mood, withdrawal from activities they once enjoyed, and unexplained fear or anxiety.
However, not all emotional abuse is transparent. Some acts are hidden behind seemingly minor or meaningless behaviors by the abuser. For example, false promises or passive-aggressive comments are forms of emotional abuse.
Sexual abuse
Older adults and disabled persons are especially susceptible to sexual abuse in and outside of nursing homes. No matter how insignificant a touch or comment is, if it is sexual and happening without consent, it’s sexual abuse.
Signs of sexual abuse may include PTSD symptoms, increased anxiety, mood swings, severe depression, or fear of undressing. There may also be visible signs of sexual battery, such as bruising and tearing.
Neglect
Neglect is the ongoing failure to meet a resident’s basic needs. This can include not providing proper nutrition, hygiene, or medical care. Signs of neglect may include unexplained weight loss, poor personal hygiene, and untreated medical conditions.
Neglect doesn’t stop at intentional behavior. Understaffed or untrained nursing home employees often create an unintentionally neglectful environment. However, this is still considered abuse and should not be tolerated.
Financial exploitation
Unfortunately, some nursing home staff may take advantage of vulnerable residents for personal gain. Signs of financial exploitation include sudden changes in a resident’s will or power of attorney, unauthorized withdrawals from bank accounts, and missing personal items or valuables.
If you suspect your loved one is being financially exploited in a nursing home, it is essential to take action immediately. Contact our nursing home abuse attorneys in Fredericksburg to discuss your legal options.
How Much is a Fredericksburg Nursing Home Abuse or Neglect Case Worth?
Virginia allows for both compensatory and punitive damages in nursing home abuse cases.
To understand how much your Fredericksburg nursing home abuse or neglect damages are worth, consider potential expenses from common injuries residents sustain in these cases:
- Rash treatment: $600 to $2,000+
- Infections from improperly treated wounds: $1,000 to $35,000+
- IV malnutrition and dehydration treatment: $3,000 to $15,000+
- Pressure ulcers (bedsores): $10,000+
- Fractures or head trauma: $2,500 to $300,000+
- Broken hip requiring surgery: $25,000 to $60,000+
- Medication errors: $1000 to $500,000+
- Medical devices (casts, braces, wheelchairs): $2,500 to $25,000+
These medical expenses don’t cover the cost of long-term ongoing care, which could cost $200,000 throughout a lifetime. Added to the other costs, the physical damages from your nursing home personal injury claim could be worth millions.
Compensation for physical injuries isn’t the only potential outcome of a nursing home abuse or neglect case.
Virginia courts take into account the emotional and mental toll of abuse and neglect, as well as the impact on the resident’s quality of life. This may result in additional compensation for pain and suffering, loss of enjoyment of life, and other non-economic damages.
Furthermore, if it is proven that the nursing home was grossly negligent or intentionally disregarded the well-being of its residents, you may receive punitive damages.
These financial penalties punish the offenders and deter other nursing homes from engaging in similar behavior. Virginia caps punitive damages at $350,000.
Our nursing home abuse and neglect lawyers in Fredericksburg can review your case and provide an estimate of its potential value. With our help, you can avoid settling for too little or risking your case with an inexperienced lawyer.
Suspect Nursing Home Abuse or Neglect in Fredericksburg? Here’s What To Do.
The elderly and disabled are among the most vulnerable members of society, and it is essential to take action fast if you suspect nursing home abuse or neglect in Fredericksburg, VA.
Here are some steps you can take to protect your loved one and build a strong case for justice:
- Document any signs or evidence of abuse or neglect. Take photos, videos, and written notes of any injuries, changes in behavior, or other concerning incidents involving your loved one.
- Report the abuse or neglect to the nursing home administration and state authorities. This will alert them to take action and create a record of how they addressed your concerns.
- Seek medical attention for your loved one if necessary. Promptly address any physical injuries, infections, or other health issues to avoid further harm.
- Contact our personal injury lawyers in Fredericksburg to discuss your case and legal options. We can provide a free consultation and guide you through seeking justice for your loved one.
Fredericksburg nursing home residents have two years from when the incident was first realized to file a personal injury claim. That may decrease to one year if the abuse occurred in a government-run facility.
Though it seems like a long time, the truth is that the moment you suspect nursing home abuse or neglect, the clock is ticking. The sooner you take action, the better your chances of preserving evidence and securing justice for your loved one.
What Are The Penalties For Nursing Home Abuse and Neglect in Fredericksburg, VA?
Defendants found to have committed nursing home abuse or neglect in Fredericksburg, VA, may face both criminal and civil penalties.
Depending on the severity of the offense and any previous offenses, these penalties may include:
- Criminal charges: In cases of gross negligence or intentional harm, the abuser may face criminal charges such as assault, battery, or elder abuse. If convicted, they could face fines and jail time.
- Civil lawsuits: In addition to seeking compensation for the victim, a civil lawsuit can also result in financial penalties for the nursing home and staff responsible for the abuse or neglect. This may include compensatory and punitive damages, as well as legal fees.
- License revocation: Revocation shuts down the operation. It may also forbid owners, staff, and other employees from obtaining new nursing home licenses to circumvent court rulings.
- Government investigations: Reports of nursing home abuse or neglect often trigger government investigations into the facility. If violations are found, the facility may face fines, penalties, and license suspension until regulatory conditions are met.
Each of these penalties does more than hold the abusers accountable; they also serve to protect other vulnerable nursing home residents from similar mistreatment.
What is Not Considered Nursing Home Abuse or Aeglect?
Understanding what is not considered nursing home abuse and neglect is just as important as knowing what to do if you suspect it.
Common misconceptions about nursing home abuse and neglect include:
- Accidents or isolated incidents. Sometimes, the elderly or disabled can suffer injuries or falls due to their physical conditions, and these do not always indicate abuse or neglect. However, you may still take legal action if a single, isolated instance caused by negligence injured your loved one. Certainly, repeated failure to report or adequately address the incidents can create the grounds for a nursing home neglect or abuse claim.
- Minor or one-off issues. This may include petty arguments and isolated or minor disagreements with caregivers. While these situations should concern you and the facility should address them, they do not necessarily constitute abuse or neglect. When these incidents are persistent or intentional, they may cross the line into illegal behavior.
- Acts of discipline or restraint. Nursing home staff may need to use physical restraints or disciplinary measures for the safety of residents and staff. These actions require justification under Virginia state regulations and individual care plans. Once they become excessive or unnecessary, they could be considered abuse.
Because even though these situations may not constitute or neglect, they could still warrant further investigation and legal action to prevent future harm.
If you don’t know whether a situation constitutes nursing home abuse or neglect, err on the side of caution and seek help from a lawyer.
Our Practice Areas
The Allen Firm has a century of experience representing personal injury victims in Fredericksburg, Charlottesville, Richmond, and many other cities across Virginia in the following practice areas:
- Medical malpractice
- Car accidents
- Trucking accidents
- Product liability
- Premises liability
- Wrongful death
- Workers’ Compensation
- Mass Tort
- Water Contamination
- Dog Bites
If you or a loved one suffers economic or non-economic damages caused by another party’s negligence or intentional actions, contact us today for a free consultation in English or Spanish.
Frequently Asked Questions
Why do I need a nursing home abuse and neglect lawyer?
A lawyer can significantly increase your chances of obtaining justice and fair compensation for your loved one. A personal injury lawyer has the knowledge and experience to build a strong case against abusive or neglectful nursing homes.
What is the most common form of nursing home abuse?
The most common forms of nursing home abuse include physical, emotional, sexual, and financial abuse. Neglect is also a prevalent form of mistreatment in nursing homes.
Can I file a lawsuit if my loved one has passed away due to nursing home negligence?
You may be able to file a wrongful death lawsuit on behalf of your loved one. Contact our Fredericksburg wrongful death attorneys to understand your legal options and begin pursuing justice.
What do I do if the nursing home is retaliating against my loved one for reporting abuse or neglect?
Richard Armstrong, Nursing Home Abuse and Neglect Lawyer in Fredericksburg
Retaliation against a resident for reporting abuse or neglect violates the law. If you suspect this is happening, contact law enforcement and our personal injury lawyers immediately to protect your loved one’s rights.
Trust Allen & Allen Nursing Home Abuse and Neglect Attorneys With Your Loved Ones Case
Nursing homes should serve as safe and caring environments for our elderly and disabled loved ones. When they fail to provide proper care, it is essential to hold them accountable. The nursing home abuse and neglect attorneys at Allen & Allen can help you seek justice and compensation for your loved one’s suffering.
Don’t let your loved one suffer in silence. Contact us online or at 1-866-388-1307 for a free consultation and let our experienced team fight for their rights and well-being.
Our Fredericksburg Office
Allen, Allen, Allen & Allen
3504 Plank Road
Fredericksburg, VA 22407