Hampton Nursing Home Abuse Lawyer
Deciding to move your loved one into a nursing home or assisted living facility can be heart-wrenching. When you are no longer able to take care of your elderly or disabled family member at home, you may have little choice but to get help. If you later discover that your loved one has suffered abuse or neglect, you should contact a Hampton, VA, nursing home abuse lawyer for guidance.
When this happens, you are likely to feel betrayed and horrified that the people you entrusted with your loved one failed you. Fortunately, an experienced personal injury lawyer from Cooper Hurley Injury Lawyers can help you hold the people responsible accountable, not just the employee but the facility owners.
Common Signs of Abuse
While nursing home abuse can be physical, there are other types of actions considered abuse as well. These forms of abuse may include emotional abuse, neglect, failure to provide medical care, and financial abuse. All these types of abuse can be highly damaging to vulnerable nursing home residents.
Some signs of nursing home abuse include unexplained cuts, bruises, and other injuries. Abused individuals also may withdraw from ordinary conversation and activities and appear either overmedicated or undermedicated. Other signs may include dehydration, bedsores, physical pain, excessive weight loss, and a lack of hygiene. A nursing home abuse attorney in Hampton, Virginia, could help if you suspect your loved one has suffered from abuse.
The Duty of Care for Nursing Homes
A nursing home or assisted living facility always should treat its residents with kindness, respect, and compassion. They also should ensure their residents receive adequate care, including nutrition, hygiene, and medical care. When nursing home services fall below the acceptable duty of care and injuries result, they may be responsible for the costs of those injuries and all the harms inflicted on the patient or resident.
Under Va. Code § 32.1-138, nursing home residents have rights that staff and administrators must respect and protect. Nursing home residents have a right to know of and be involved in making decisions about their care. They also are entitled to live in a setting that best enhances their quality of life while still meeting medical and other needs.
Inherent in these rights are the rights to be free from abuse and neglect. Nursing homes should have safeguards in place to ensure residents do not suffer abuse or neglect of any kind. When residents suffer injuries from abuse, however, they should consult a nursing home abuse lawyer in Hampton for advice.
Pursuing Damages in the Circuit Court for the City of Hampton
Nursing home residents who suffered abuse and their families can pursue civil lawsuits against the nursing home that failed to protect them from harm. If the injury arose from the providing of medical treatment, then the claim likely falls within the category of medical malpractice. Your family may be entitled to damages to compensate you for your losses. These damages may include:
- Medical expenses to treat any injuries
- Costs of relocating the resident and finding alternate care
- Pain and suffering
- Punitive damages, in cases of extreme neglect or abuse
A damages award relies on evidence that the nursing home or its staff were negligent in caring for residents or protecting them from harm. Negligence is a failure to exercise the requisite duty of care a reasonable person would use in the same situation. When staff members fail to live up to their responsibilities, however, their negligence can result in injuries, and, consequently, liability for damages. The owner of the facility and their insurers are usually responsible for the negligence of staff acting on behalf of the facility operator.
Call a Hampton Nursing Home Abuse Attorney for Advice
If you or a family member suspect that nursing home staff have neglected or abused your loved one, you may have grounds for a lawsuit. A Hampton nursing home abuse lawyer could assess your situation and determine your options. Call Cooper Hurley Injury Lawyers for a free consultation to get started.