Chesapeake Nursing Home Abuse Lawyer
Families and residents depend on nursing homes and assisted living facilities to provide a safe environment for their customers. The heartbreaking reality is that neglect and abuse occur every day in nursing homes. It is horrible to see your mother, father, or sister suffer at a facility that was supposed to care for them.
If you believe you or your loved one suffered from nursing home abuse, you may benefit from the help of a local Chesapeake nursing home abuse lawyer. A compassionate injury lawyer could provide you and your family with guidance and legal advice as we seek compensation for the harms and losses caused to your aunt, uncle, wife, husband, or grandmother. You should not have to fight for your rights alone. The dedicated team at Cooper Hurley Injury Lawyers can help.
Federal and State Nursing Home Regulations
Victims of nursing home abuse in Chesapeake may seek relief through Virginia’s legal protections. Virginia’s nursing home laws are administered by the Virginia Board of Long-Term Care Administrators. Among these regulations, the state requires certain nursing home employees and workers such as nurses, doctors, technicians, counselors, or administrators to report activity that they may suspect to be abuse or neglect. Failure to report abusive activity could result in legal consequences.
There are also federal laws against nursing home abuse. The Nursing Home Reform Act of 1987 is the backbone of nursing home resident rights. Codified under 42 U.S.C. §1395i-3, the Act requires that nursing home facilities funded through Medicare and Medicaid uphold a quality of care for residents in order to continue to receive funding. The Act also delineates rights for nursing home residents across the U.S. These rights include but are not limited to the following:
- The right to privacy and to be treated with dignity
- The right to participate in group activities
- The right to be free from physical, mental, and chemical restraints
- The right to voice grievances against the nursing home without reprisal or discrimination
Seeking Relief for Long-Term Care Facility Abuse in Chesapeake, VA
One of the main causes of action or reason for nursing home abuse cases is carelessness or negligence. Negligence law holds people liable for any harm they cause to others by mistakes or reckless behavior. There are four elements of negligence:
- Duty of care
- Breach of duty
For example, nursing home workers and the companies that own the home have a duty to act with reasonable care and prevent harm to their residents. If they fail to act with reasonable care and a resident suffers harm as a result, the facility is in breach of their duty to the patient. However, it is not enough to prove that someone was negligent by breaching their duty of care; the plaintiff must also show that the at-fault party’s negligence caused their injuries.
Injured residents may seek compensation for economic and noneconomic harms and losses in personal injury claims against negligent nursing homes. Economic damages would compensate plaintiffs for financial expenses incurred like medical bills. Noneconomic damages might include intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life suffered as a result of the abuse. Facilities are often understaffed and fail to supervise the employees. The nursing home is responsible to take steps to prevent abuse and harm to patients by staff or other patients.
Contact a Chesapeake Nursing Home Abuse Attorney Today
If you or a loved one experienced abuse in a nursing home, you might be wondering how you could get justice. There could be options out there, but going up against insurance companies and opposing attorneys could be difficult on your own. A Chesapeake nursing home abuse lawyer could review your situation and help you determine what options are available. Call us now for a free consultation to get started on your case and get the answers and justice your family deserves.