Portsmouth, VA Nursing Home Abuse Lawyer
Elderly residents and their loved ones expect their nursing home facilities to uphold a basic standard of care that ensures their wellbeing and meets their needs. Unfortunately, these facilities do not always accomplish this. If your loved one suffered injuries due to nursing home abuse, they may have the right to pursue legal action. It is never wise to take on this challenge alone. With the guidance of a dedicated personal injury lawyer at Cooper Hurley Injury Lawyers, you and your loved one could hold the negligent facility and its employees accountable. Let a Portsmouth, VA nursing home abuse lawyer assist you during this difficult time.
Resident Rights in a Portsmouth Nursing Home
Every nursing home resident in the commonwealth enjoys certain rights as proscribed in Virginia Code §63.2-1808. These rights are broad, protecting everything from the resident’s ability to make their own medical decisions as well as their right to live free from abuse. Some of these rights include:
- Dignified treatment
- Freedom from abuse
- Making independent financial decisions
- Raising complaints
- Protection from unlawful discharge
- Freedom from unnecessary restraints
Violations of these rights could serve as evidence of abuse in a civil lawsuit. Anyone pursuing a claim against their nursing facility should consider these rights when building their case.
Types of Nursing Home Mistreatment
The abuse that can result in a claim for compensation against a care facility can take multiple forms. A local attorney could advise a family on how to build their claim based on the type of abuse their elderly loved one experienced in their nursing home.
Physical abuse involves any act that results in unlawful physical harm to the resident. Typically, these claims stem from punching, kicking, or slapping. Additionally, these claims could include the unnecessary use of physical or chemical restraints.
Harmful mistreatment can occur even if it does not result in physical injuries. Emotional abuse is any verbal or non-verbal act that causes the resident fear, distress, or isolation. This could include anything from shouting to ignoring the resident.
Nursing home residents have the right to manage their own finances, but many also face diminished decision making power. This dangerous combination can result in fraud and other opportunities for staff members to take advantage. Financial abuse includes minor theft or large-scale fraudulent transactions.
Sexual abuse involves any non-consensual sexual act against a resident within the nursing home. Many nursing home residents not only lack the capacity to consent to sexual activity, but they could also lack the ability to raise a complaint about the abuse.
Neglect is the withholding of necessary care from a resident. This form of abuse could be intentional, result from accident behavior, or due to insufficient staffing. Some examples of neglect include withholding food or medical treatment from the resident.
Speak with a Portsmouth, VA Nursing Home Attorney
When nursing home abuse happens, the survivors and their loved ones deserve justice. Thankfully, these residents have the right to seek legal action against their abusers.
A Portsmouth, VA nursing home abuse lawyer could help investigate a claim and proceed with an injury lawsuit. To learn more about the litigation process, schedule an initial consultation with Cooper Hurley Injury Lawyers.