What Is Nursing Home Negligence in Virginia?

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If you suspect a loved one is being abused or neglected in their nursing home, it’s imperative to take action right away.

Some prospective clients want to file a lawsuit against the nursing home immediately. However, filing a complaint against a nursing home in Virginia requires you to prove negligence.

Without proper evidence, the nursing home will not be held accountable. You can also file a complaint with the Virginia Department of Health.

To learn more about how to report nursing home abuse, we recommend speaking with a skilled Virginia nursing home abuse attorney.

Defining Nursing Home Negligence in Virginia

Nursing homes are held to a high standard of care. Nursing home residents are guaranteed certain protections and rights when living at a nursing home facility, one of which is the right to be free from any type of neglect or abuse.

Under the federal Nursing Home Reform Act of 1987, nursing homes that receive Medicaid or Medicare funds are required to maintain a safe environment for all their elderly residents.

When a nursing home fails to adhere to the required standard of care, it can be held accountable for its actions.

Proving negligence in a lawsuit requires you to show:

  • The nursing home was negligent (the nursing home made a mistake);
  • Their negligence was the proximate cause of the plaintiff’s injuries (their mistake caused the injury); and
  • The injury was severe and resulted in damages (the plaintiff’s injuries required medical treatment).

You want to have strong evidence before you consider filing a legal complaint. You also need to weigh the pros and cons of filing a lawsuit.

Lawsuits can take years to resolve, they tend to be very costly, and there’s a good chance that Medicaid or Medicare will take a significant percentage of the settlement.

Instead, look at filing a complaint with the Virginia Department of Health first. At Lantz & Robins, P.C., our legal team has decades of combined experience handling Virginia nursing home abuse and neglect cases.

We can help you get a complaint filed with the Department of Health and determine whether you have enough evidence to proceed with a lawsuit.

How to Report Nursing Home Abuse to the Virginia Department of Health?

The Office of Licensure and Certification (OLC) oversees activities and licenses for Virginia nursing home facilities. You can report a concern by phone or file a written complaint.

You’ll need to share detailed information on your concerns and why you suspect abuse or neglect. The OLC will send out an investigator unannounced to investigate and review your family member’s chart. The investigator will determine whether the nursing home provides the standard of care as required by the law.

Filing a claim with the Office of Licensure and Certification does not cost you anything, but it can have a significant impact. It could help stop the abuse and neglect against your family member, as well as other residents of the facility.

Contact a Virginia Nursing Home Abuse and Neglect Lawyer

To learn more about nursing home abuse and neglect and discuss the best course of action for your particular situation, speak with our experienced Virginia nursing home abuse and neglect lawyers.

Contact Lantz & Robins, P.C., today to schedule an initial consultation. Let us put our years of experience with nursing home abuse and personal injury cases to work for you and help you hold the nursing home accountable for mistreating someone you love.   

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Mr. Robins is an active member of the Virginia Trial Lawyers Association and the American Association for Justice, groups that are dedicated to making transportation, healthcare, and workplaces safer for average people. Born and raised in Richmond, Mr. Robins graduated from the University of North Carolina and earned his law degree from the Washington College of Law at American University.

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