Attorneys Litigating Nursing Home Abuse
Serving the State of Virginia
The U.S. Department of Health and Human Services has identified seven basic forms of abuse and neglect that can occur: Physical abuse, verbal or emotional abuse, misuse of physical restraints, physical or medical neglect, verbal or emotional neglect, abuse of the resident's personal property. Negligence may involve deliberate acts against an elderly resident or a failure to act in the resident's best interest. Most abuse and negligence occurs in long-term care facilities which are understaffed and overcrowded. There are too few caregivers and too many residents with varying medical problems and personal needs.
When Should You Consider a Claim for Nursing Home Abuse and Medical Negligence?
Several considerations should be taken into account before pursuing a civil action. First you must consider the law of the state in which the nursing home abuse occurred. Some states have laws more lenient or less punishing than others. Punitive damages are designed to punish the offending institution and deter future conduct. These types of damages frequently reach a million dollars, depending on the nature and extent of the nursing home abuse. Virginia allows the plaintiff to seek punitive damages in the most reprehensible cases. YOU NEED TO CONSULT AN ATTORNEY BEFORE TALKING TO A REPRESENTATIVE OF THE INSURANCE COMPANY.
Testimony from independent witnesses is also important to establish medical negligence. Jurors will be more likely to believe witnesses who do not stand to gain financially if a verdict is rendered for the victim or the victims’ family. However, this type of proof is not easy to obtain, since most abusing health care providers do not openly abuse residents in front of witnesses.
Another factor to consider is the severity of the injuries. Does the victim now suffer from a permanent physical disability as a result of the nursing home abuse? If the nursing home abuse is mental, does the victim require extensive therapy to address the issues caused by the abuse?
Finally, the financial stability of the offending nursing home may also be a consideration. Many nursing homes have gone bankrupt and have no insurance to respond to a judgment for damages. In such instances, a civil legal remedy may not be worth pursuing.
If you suspect nursing home abuse of a friend or relative in a nursing home, and you are considering bringing civil action, you should contact an experienced attorney who handles these types of cases. These medical negligence cases can be difficult and expensive to litigate.
Why Hire the Attorneys of Page Law Firm P.C.?
We are experienced in representing plaintiffs in Nursing Home Abuse and Medical Negligence cases. Page Law Firm P.C. has handled many such cases to successful conclusion. Please contact Page Law Firm P.C. toll free at (866) 507-6166 or (804)353-6166 for an initial free consultation. YOU NEED TO CONSULT AN ATTORNEY BEFORE TALKING TO A REPRESENTATIVE OF THE INSURANCE COMPANY.