Richmond, VA Nursing Home Abuse Lawyer
When you put your loved one in a Virginia nursing home or long-term care facility, you expect them to be cared for with respect and dignity. When you begin to suspect that their human rights are being neglected, it is natural to feel angry and hurt. If you believe a loved one might be the victim of nursing home abuse or neglect, you may be able to sue for damages.
Tronfeld West & Durrett are local attorneys who work hard to protect the dignity and rights of your family and loved ones throughout Virginia. We are familiar with the red flags that could point to elder abuse or neglect. Ask yourself the following questions, and if you are not satisfied with the answers, contact an experienced medical malpractice attorney at 1-800-321-6741 today to discuss your legal options.
Are basic needs being met?
If your loved one is living in a nursing home or other long-term care facility, they may need help with everyday tasks such as bathing, eating, and getting dressed. They may need help going to the bathroom or turning over in bed as well.
It is the responsibility of the facility to make sure these basic needs are being met. Signs that basic needs are being neglected could include:
- Bed sores
- Gangrene
- Malnourishment
- Dehydration
- Unsanitary living conditions
- Infection
Is there adequate supervision?
If someone you love has managed to wander off while in a nursing home or been injured by another resident, this lack of supervision could be a sign of neglect. Additional examples and causes for concern include:
- A caregiver taking an unusually long time to report illness to a doctor or family member
- Rapid weight loss or gain without prompt physician or family notification
- Broken bones
- Fractured hip or accidents requiring hospitalization
While these occurrences may not always be a result of neglect, it is safest to thoroughly examine the situation.
Can the caretaker answer your questions?
Accidents do happen, and your family member’s caretaker will not be able to avoid every mishap. The occasional bed-wetting, for example, is no reason for alarm.
The caretaker might not be present in the room every moment of the day, but he or she should be near enough to be able to quickly answer a call for help. If an accident does occur, the caretaker should be able to provide a plausible explanation of what happened and why it was not prevented. Most importantly, mishaps should NOT be a frequent occurrence.
If your loved one frequently has cuts, sores, or injuries that your caretaker cannot explain, consider it a red flag. If your family member wandered outside of the facility and was missing for some time, you have a right to be concerned and demand further investigation.
Is your family member being given the correct medication?
Medication mishaps are alarmingly common in nursing homes, but most people think little of it. After all, the staff has dozens of clients and numerous drugs to keep track of on a daily basis, so it is easy to understand why they might make a mistake.
As common as these mistakes may be, they are not a forgivable matter. Medication mishaps are a serious issue and can result in severe and fatal injury. Examples of medication mistakes include:
- Overdose
- Missed medication
- Incorrect drug given
- Unnotified switch in treatment
For answers to your questions with a nursing home abuse serving Richmond, call:
800-321-6741
Are there signs of abuse?
While neglect is often unintentional, unfortunately, there are cases in which nursing home abuse is an issue. Disrespect for the elderly, physically disabled, or mentally impaired is more common than we would like to think.
Signs of elder abuse include:
- Unexplained bruises or welts
- Unreasonable physical restraint by a health caregiver
- Slapping, pushing, shaking, or beating
- Sedation
If your loved one complains of being mistreated, take them seriously. Look into the situation yourself and determine if they are being cared for in a proper manner.
What Are the Rights of Nursing Home Residents?
When entrusting a loved one to a nursing home, it’s crucial to be aware of the rights guaranteed to residents under Virginia law. These rights are designed to ensure that residents are treated with dignity, respect, and care, and that their fundamental freedoms and choices are upheld.
Based on the Virginia Code and the Office of the State Long-Term Care Ombudsman, here are the essential rights of nursing home residents:
Right to Informed Consent
Residents in nursing homes have the fundamental right to be fully informed about their medical condition in a manner they can understand. This right extends to being involved in the planning of their medical treatment, ensuring they have a say in the care they receive. It’s about empowering residents to make informed decisions about their health and treatment options, thereby respecting their autonomy and individual preferences.
Right to Personal Privacy and Confidentiality
Every resident is entitled to personal privacy and confidentiality, especially concerning their medical treatment and personal records. This right safeguards the dignity of residents, ensuring that their medical and personal information is handled with the utmost discretion and only shared with authorized individuals.
Freedom from Abuse and Restraints
Residents have an absolute right to a safe and secure environment, free from any form of abuse, whether physical, emotional, or mental. This right also includes freedom from unnecessary physical or chemical restraints, which can only be used when prescribed by a physician for a specific and limited purpose.
Right to Personal Possesions
This right allows residents to retain a sense of individuality and comfort by keeping and using their personal belongings, as long as it doesn’t interfere with the rights or safety of others. It recognizes the importance of personal items in maintaining a resident’s identity and sense of home in the nursing facility.
Right to Social Interaction and Communication
Residents are assured the right to maintain their social connections and engage in community life. This includes the freedom to communicate privately with anyone they choose and to participate in various social, religious, and community events. It’s about respecting their need for social interaction and ensuring their continued involvement in the broader community.
Right to Manage Financial Affairs
This right empowers residents to take control of their financial matters. For those who delegate this responsibility, the nursing home must provide regular and transparent accounting of financial transactions. It’s a measure to ensure that residents’ financial resources are managed effectively and transparently, respecting their autonomy and rights as individuals.
Right to Dignified Existence
Central to the ethos of nursing home care is treating every resident with consideration, respect, and full recognition of their dignity and individuality. This right is about more than just meeting physical needs; it’s about acknowledging each resident as a valued individual with unique needs, preferences, and histories.
Right to Voice Grievances
Residents have the right to express concerns, complaints, or grievances about their care or treatment without fear of retaliation or unfair treatment. This right ensures that residents can speak up for themselves and advocate for their needs and preferences, fostering an environment of open communication and continuous improvement.
Right to Participate in Resident and Family Groups
Residents are encouraged to engage in resident and family groups, contributing to the social fabric of the nursing home community. This right supports their social well-being, allowing them to form meaningful connections and engage in activities that bring joy and fulfillment to their lives.
If any of these rights have been violated, our attorneys at Tronfeld West & Durrett are committed to helping you seek justice for your family. We understand the importance of these rights in ensuring the well-being and dignity of nursing home residents.
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How Can A Lawyer Help You?
A personal injury lawyer specializing in nursing home abuse understands the specific laws and regulations that govern these facilities, as well as the rights of nursing home residents. We can help you gather evidence, build a strong case, and advocate for your loved one’s rights in court. If your case demands it, we will negotiate with insurance companies and the nursing home’s legal team to ensure you receive fair compensation for the harm caused.
Our team at Tronfeld West & Durrett has been dedicated to fighting for the rights of elderly family members and holding responsible parties accountable since 1972. You can see our commitment to justice in our case results, as we granted millions to victims of negligence in Virginia. If you believe your loved one’s rights have been violated, don’t hesitate to contact us to schedule a free consultation.
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Nursing Home Wrongful Death Cases
If your loved one has recently died, you are likely battling an influx of emotions. If their death was unexpected or sudden, you may be confused, hurt, and angry. You may be wondering if the caretaker is at fault or could have done something to prevent the death.
If your family member’s caregiver cannot adequately explain the cause of death, your suspicions are likely valid. If you believe that neglect or abuse could have contributed, you should contact an experienced wrongful death attorney to discuss your rights.
At Tronfeld West & Durrett, we believe in respect and dignity toward the elderly and physically or mentally impaired. We will uphold your family member’s rights and make sure that you and your family are well compensated for any heartache caused by another’s neglect or abuse.
Use our contact form or call us today at 1-800-321-6741 for a free legal consultation. We have offices conveniently located in your neighborhood, whether you are in Richmond, Petersburg, Chesterfield or Mechanicsville.
Call or text 800-321-6741 or complete a Free Case Evaluation form