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Help for Nursing Home Abuse
The decision to transition a loved one into a nursing home facility can be challenging for a family. It means acknowledging that your loved one needs the kind of around-the-clock medical care and assistance you can no longer provide. It also means putting your trust in a group of strangers who you hope will provide the level of care your loved one needs. That generates another level of challenges as you investigate which facility would be the best fit.
After you’ve found the right nursing home, you still play a key role as the primary caregiver for your loved one. You might not be with them daily, but you certainly supervise their care in coordination with the facility staff. You also take on the role of monitor.
According to data from America’s Health Rankings, Virginia is 40th in the country for overall quality. A report by Virginia’s Joint Commission on Health Care, “21 percent of facilities are not provide enough hours of direct care.” Additionally, “more than 60 percent of facilities with low staffing receive poor health inspection ratings.”
Those ratings should be provided by the facility that your loved one resides in. It is important to note that you will be in the best position to observe any signs of abuse and to take the appropriate actions to lodge a formal complaint and, in extreme cases, file a civil suit to receive compensation for any damages. When you get to that phase, you must discuss what is happening with Curcio Law. We are the kind of Alexandria nursing home abuse lawyer who can provide the support you need to help your loved one get the care they deserve.
Rights of Assisted Living Facility Residents in Virginia
When your loved one moves into a nursing home, you will sign a contract with that facility that stipulates the details of the care it will provide. Virginia law regulates the foundation of that care, stating that a resident is to be treated with respect and dignity and to have their privacy protected.
However, just because those rights are enshrined in law, instances of abuse still occur. This is often due to staffing shortages, which minimize the time a staff member can spend with a resident. Abuse can also happen when a nursing home does not properly train new staff.
Help for Nursing Home Abuse Victims & Families
Were you or a loved on mistreated? Find compassionate legal representation with Curcio Law.
Common Types of Abuse That Occurs in Nursing Homes in Alexandria
There are several categories of nursing home neglect and abuse that you need to be on alert for. It is especially important to look out for potential abuse with a resident who might be suffering from dementia or Alzheimer’s and are incapable of reporting what is happening to them.
Here are the types of neglect and abuse to look out for:
Medical Neglect
Medical neglect is one of the most common types of nursing home negligence. This occurs when the staff at a facility fails to properly attend to or prevent a medical condition. Among the ailments and issues that could be ignored are the following:
- Diabetes
- Bed sores
- Cognitive disorders
- Infections
- Cuts
- Mobility issues
Physical Abuse
Physical abuse can be thought of as intentional harm. This could mean punching, hitting, slapping, or improperly restraining a resident. The staff might excuse restraints as preventing harm, but there are protocols to follow to restrain a resident to avoid further harm.
Medication Errors
It would not be inaccurate to say that over 27,000 nursing home residents in Virginia are on at least one type of prescription medication. The staff must properly administer all of that medication. With all the residents on a medication schedule, errors with over- or under-medicating are genuine.
Failures To Keep a Nursing Home Safe
A significant part of providing support for the residents is maintaining the facility itself. The primary function is to keep the facility clean from viruses and germs to avoid infections, flu, and colds. The nursing home must also be kept clean and the floors dry. There should be no trip hazards.
Depriving Residents of Food and Drink
One of the benefits of nursing home care is the availability of nutritional meals. While it is true that seniors often eat less, they should still be provided the options and the food that is appetizing. Residents should also have access to drinks, especially water.
Financial Abuse and Exploitation
Depending on the health circumstances of your loved one, they might still have access to their finances, such as bank accounts and credit cards. That could set up a risk for financial abuse. That could fall into one of the following types:
- Cashing the checks of a resident without permission or authorization
- Forging the signature of a resident for financial gain
- Stealing or misusing a resident’s cash or possessions
- Deceiving or coercing an elderly resident into signing documents such as wills
- Improperly using guardianship or the power of attorney
Sexual Abuse
It might be extremely disturbing to think about, but sexual abuse against nursing home residents happens. Some residents are especially vulnerable and might not be able to report the abuse. That is why you must be diligent with your visits and be on the lookout for some warning signs.
Whether you simply suspect that your loved one is being mistreated in one of the ways listed above or you know for sure, be sure to consult with an Alexandria nursing home abuse lawyer to better understand what steps to take next.
Signs Your Family Member Is Being Abused in a Virginia Nursing Home
Every visit you make to your loved one’s nursing home should be a quick inspection. You want to take notice of the environment. Is it well-maintained? You could also visit during mealtime and try the food for yourself. The following are some other warning signs of neglect to watch out for:
- Unexplained injuries like cuts and bruises
- Emaciation
- Marks or bruises on the wrist or legs that indicate unauthorized restraint
- Sexually transmitted diseases (STDs) or ripped clothing consistent with sexual abuse
- Personality changes like isolation
- Bedsores or pressure sores
- Complaints from the resident of dehydration or hunger
- Missing medications
You also have to be aware of any potential fraud in the form of unnecessary testing or treatments. For instance, a nursing home could request an X-ray even without an injury and charge Medicaid for the test. That could be fraud.
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How an Alexandria Nursing Home Abuse Lawyer Can Help You File a Complaint
If you suspect your loved one is the victim of some form of abuse, your first complaint should be filed with the facility itself. You should give the facility a chance to respond and rectify the situation. You can also file a report with the Virginia Department of Health Professionals. If the condition persists or your loved one is put in immediate harm, you should call 911.
At this point, you will need to involve the services of an Alexandria nursing home abuse lawyer. At Curcio Law, we can advise you about your options for pursuing a civil lawsuit complaint. Rem
ember that nursing homes must comply with health and safety regulations to receive Medicare and Medicaid payments. That puts the nursing home on notice to comply and provide a swift resolution for any complaint.
It can be complex to take action against a nursing home where your loved one is still a resident. If we take on your case, we can become your advocate and speak on behalf of your loved one and your family. We also know what would be considered a reasonable remedy.
If you suspect that your loved one is being abused, we want to hear from you. Call to set up a consultation today.
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