There is no doubt that understaffing in nursing homes is a significant issue in Virginia and across the country. Not having enough staff often leads to abuse and neglect of residents. Incredibly, one major investigation found that regulators have allowed thousands of nursing homes nationwide to ignore federal staffing rules by going an entire day and night without a registered nurse on duty.
According to the data collected by the investigation, of 15,428 nursing homes in the U.S., 11,757 had fewer nurses and aides than were required under those staffing rules. Only 589 homes were cited by federal inspectors, and even fewer were fined. Overall, the investigation found that one-third of U.S. facilities fell short of multiple benchmarks the federal government has created for nurse and aide staffing.
The impact that understaffing has on the quality of care nursing home residents receive is evident in the unacceptably high rate of nursing home abuse and neglect cases nationwide.
Nursing Home Abuse and Neglect in Virginia
Unfortunately, nursing home abuse and neglect cases are an issue right here in Virginia. According to an investigation conducted by the Kaiser Family Foundation that examined data over a five-year period, more than 90 percent of all certified nursing homes in Virginia have received deficiency citations from the state agency that oversees these facilities, the Department of Health’s Long-Term Care Division. The average number of deficiencies each facility was cited for was 10. Even more alarming was the revelation that every year, about 20 percent of Virginia’s facilities are cited for deficiencies that cause actual harm to residents or put residents’ safety in jeopardy.
ProPublica tracks all nursing home violations in the United States, including here in Virginia. Out of 290 facilities in the state, 36 have been cited for serious deficiencies, and 249 facilities have been cited for infection-related deficiencies.
Do You Suspect Abuse or Neglect?
One of the most frequent reasons why nursing home abuse or neglect does not get reported is because the elderly victim has no family to tell. The victim may also fear retribution by the abuser if they tell. Many victims also feel ashamed that the abuse is happening to them.
There are several types of nursing home abuse that a resident can be a victim of. These include:
- Physical abuse – This can take the form of causing bruises, slapping, pushing, or infliction of pain or injury, either through physical or chemical means.
- Emotional abuse – Using verbal or nonverbal (threats, intimidation, humiliation) acts to cause emotional pain, distress, or anguish.
- Sexual abuse – Any form of non-consensual sexual contact.
- Exploitation – Stealing, concealing, or misusing the victim’s money, assets, or property for their own benefit.
- Neglect – Failing to provide the victim with food, shelter, personal care, medical care, and other necessary needs.
Recognizing Signs of Nursing Home Abuse and Neglect
Because so many nursing home abuse victims do not tell anyone they are being abused, families and others who are close to the victim need to be aware of the signs that can indicate their loved one is being abused or neglected. Some of the most common signs are:
- Unexplained abrasions, bruises, burns, and fractured bones
- Changes in mood, sudden withdrawal, depression
- Mental confusion, unexplained weight loss, slurred speech
- Bedsores, poor hygiene, medical needs not being met
- Missing money, property, or sudden changes in their financial situation
If you suspect your elderly loved one is being abused or neglected, it is critical to take immediate steps. Report your suspicions to the nursing home director. You should also contact a Virginia nursing home abuse attorney who can assist you in reporting the abuse to the appropriate authorities.
Call Our Personal Injury Law Firm for Legal Help
If your elderly loved one has been the victim of nursing home abuse or neglect, a Virginia Beach nursing home abuse attorney from our firm can explain what legal recourse your family may have. At Shapiro, Washburn & Sharp, we have been aggressively advocating for victims for almost four decades and have helped many nursing home abuse victims receive compensation for their injuries, like the $300,000 arbitration award we obtained for one client who suffered a fall from her bed resulting in a serious fracture of her left tibia and fibula, resulting in amputation of her leg.
Contact our office today to set up a free and confidential consultation with one of our dedicated nursing home abuse attorneys today.
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Since 1984, Jim St. Clair has fought and helped Virginia Beach personal injury clients overcome some of the most traumatic moments of their lives. Whether you have been in an accident caused by the fault of another or a victim of medical malpractice, the results can leave you profoundly damaged physically, mentally, and economically. You may be entitled to substantial compensation. Jim is a seasoned and experienced personal injury trial attorney with 40 years of experience. He graduated with honors from Creighton University School of Law in 1984 and then served in a prestigious federal law clerk position for the late U.S. District Judge J. Calvitt Clarke, Jr., in the United States District Court for the Eastern District of Virginia. Over several decades, Jim has enjoyed remarkable success advocating for injured clients and has won notable multimillion-dollar settlements and verdicts. He has tried cases in Virginia General District and Circuit Court and in the Eastern and Western District Virginia Federal Court. In one case that went up on appeal to the Supreme Court of Virginia, he convinced the court to change the law regarding the statute of limitations in Virginia medical malpractice “misdiagnosis” cases. Jim’s areas of Virginia personal injury law practice include medical malpractice, car and truck injury cases, dog bite injuries, and cases involving negligence at business premises. Within these areas of law, he has also successfully prosecuted numerous wrongful death actions. Outside the courtroom, Jim has served on the board of directors of the Better Business Bureau, taught as an adjunct professor for business law at Old Dominion University, instructed future paralegals at the American Institute of Paralegal Studies, and lectured Virginia attorneys on the subject of “insurance litigation in Virginia.” He is a member of the Virginia Trial Lawyers Association and the Virginia Beach Bar Association. If you have been impacted by the negligence of another, contact Jim St. Clair today for a free, confidential personal injury law consultation.
