For many families, the decision to entrust an older family member’s care to a nursing home can be difficult. You want your loved one to receive the attention and care that you simply cannot provide alone, and you expect that he or she will be treated with kindness and respect.
Unfortunately, some long-term care facilities fail to uphold their legal responsibilities. Some fail to provide the basic care that older residents must have to remain healthy. Reports of nursing home neglect and abuse are common in Virginia and throughout the United States, and the facilities should be held accountable. Nursing home residents may be hesitant to tell their families when they have been mistreated out of fear the nursing home employee might find out and retaliate. Families need to be alert for any signs of nursing home neglect.
If you suspect your loved one has been a victim of nursing home abuse or neglect in Winchester or another town in central Virginia, contact a Kendall Personal Injury Lawyer in Winchester immediately. You can schedule a free and confidential consultation to discuss your legal options when you call our legal team at (866) 574-2704.
A nursing home abuse attorney can obtain your loved one’s medical records and evaluate whether your loved one has a valid nursing home neglect claim under Virginia civil law. You may be entitled to seek financial compensation for the harm that was inflicted on your loved one.
A lawyer can report the nursing home abuse to the proper authorities and take the proper steps to make sure your rights are protected. In addition to helping protect your loved one, a personal injury lawsuit can focus attention on a systemic problem at a nursing home and prevent other residents from suffering similar harm.
While most nursing home abuse and neglect cases end in a settlement, an attorney can take the nursing home to court if necessary to seek justice. Our law firm can line up medical witnesses to testify in court and explain how your loved one’s injuries were caused by the nursing home’s negligence. Testimony such as this can play a critical role in the success of a nursing home abuse or neglect lawsuit.
Proving liability in a nursing home abuse case can be complicated. When a resident is injured at a nursing home, it is not always obvious what went wrong, and who may be liable. The available evidence is often incomplete. The nursing home may not conduct a thorough investigation. It makes it all the more important to discuss the situation with an experienced Winchester injury lawyer.
When you bring your case to Kendall Law Firm, you can be assured that our compassionate lawyer will do everything we can to help you protect your loved one and recover appropriate compensation.
Elder abuse and neglect can come in many forms and can have devastating consequences. In the most tragic cases, the negligence may result in wrongful death. Signs of elder abuse or neglect include:
If you notice any of these signs of nursing home neglect and the nursing home administration has not provided a satisfactory explanation, contact the Winchester nursing home abuse lawyer at Kendall Law Firm so we can get started on your case right away.
Physical abuse: Physical abuse is characterized by the use of physical force against an elder that causes them bodily harm or pain. The abuse may be a flagrant act, such as hitting or slapping an elderly person, or can involve less blatant actions such as shaking them to get their attention. Common examples of physical abuse that the elderly may suffer include:
Neglect: Neglect refers to anything that deprives the elderly person of a normal standard of care, such as leaving them in dirty clothing or bed sheets for days or failing to provide medications or proper meals. Signs of neglect include unsanitary conditions, bedsores, and untreated injuries.
Sexual Abuse: This can include any unwanted sexual touching, forced nudity or sexual penetration of a patient. Undressing or bathing a patient in front of other patients or visitors is another form of sexual abuse.
The risks to elderly sexual abuse victims are very serious. Rape victims, for example, may contract a sexually transmitted disease and may develop post-traumatic stress disorder (PTSD). Sexual assault has been linked to the development of both depression and anxiety disorders. The victim may feel embarrassed and be reluctant to report the abuse.
Financial Abuse: Seniors in vulnerable psychiatric or physical situations can be exploited. Financial abuse of the elderly can include concealing funds, forging signatures on checks or legal documents, adding names to accounts, and making unusually large gifts to caretakers.
Emotional Abuse: Emotional abuse comes in many forms, including name-calling, criticism, taunts, and belittling. Victims of emotional abuse may be isolated from other people for extended periods. This type of abuse can have a harmful effect on a nursing home resident’s psychological and emotional well-being. Emotionally abused nursing home residents may become depressed, develop serious mood disorders, or even regress to a child-like state.
Fall Injuries: While fall accidents can occur without negligence, some nursing homes fail to assess their residents for fall risk, and they may fail to implement a plan to prevent subsequent falls. Due to the frail condition of many nursing home residents, falls can cause hip fractures, head trauma, and other severe injuries that may require surgery and diminish their quality of life.
In Virginia, a family may have a right to pursue a civil lawsuit if a loved one has been injured due to negligence by a nursing home. If the parties are unable to reach a settlement, the case could proceed to trial.
If the legal elements can be proven, the victim may be awarded compensation:
In order for the court to award damages, you have the burden of proving that your loved one suffered harm due to the negligent actions of the nursing home or its employees.
If you believe that your loved one has suffered nursing home abuse or neglect and the nursing home breached its duty of care, you should enlist the help of an experienced Virginia nursing home abuse lawyer to discuss your legal options.
Since 2009, Kendall Law Firm has been advocating for clients in Winchester, Charlottesville, Harrisonburg and areas throughout the Shenandoah Valley. Our experienced attorney, David Kendall, is a Virginia native and U.S. Marine Corps veteran who has dedicated his life to helping others. We are proud to devote 100% of our practice to assisting injury victims and their families. We never represent insurance companies or large corporations.
If you believe that your loved one has been abused or neglected in a nursing home in Winchester, contact the experienced nursing home abuse lawyer at Kendall Law Firm today. If possible, please take photos of any injuries your loved one has suffered. Documenting the injuries as much as possible at the time of the nursing home incident can be helpful later on.
You can have full confidence in knowing that Kendall Law Firm will thoroughly investigate all facts and circumstances surrounding the nursing home abuse or neglect your loved one has endured, and we will gather all evidence that supports your claim. Our skilled lawyer will determine the full extent of the losses and injuries and prepare the best case possible in pursuit of the full and fair compensation your family deserves.
The nursing home abuse attorney at Kendall Law Firm works on a contingency fee basis, which means you will not owe us anything until we recover compensation for you. To schedule a free, no-obligation consultation, call us today at (866) 590-9773.