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What Rights Do Nursing Home Residents Have?

As our family members age, it is important to have a plan in place for when they are no longer able to take care of themselves. For many families, this means deciding to place an aging loved one in a nursing home. We expect these care facilities to take good care of them and treat them with the respect and dignity they deserve. While a lot of nursing homes routinely uphold excellent moral and legal standards of care and employ dedicated and well-trained staff members, preventable injuries caused by neglect still take place at care facilities nationwide. If your aging family member was injured in a Virginia nursing home, the law permits the victim or someone entitled to act on their behalf to take legal action against the caregiver or facility whose abuse or negligence caused the injury. The experienced Portsmouth personal injury attorneys at Shapiro, Washburn & Sharp can help you bring the negligent party to account for the harm they caused. Contact us today to schedule a free consultation and learn what legal options are available to you.  

What Rights Do Nursing Home Residents Have?

The responsibilities and rights of Virginia nursing home residents are clearly defined by state law. Not every rights violation results in an injury, but many do. It is also important to understand that, although most injuries are physical, violating the rights of a resident can also give rise to serious financial abuse or psychological trauma. Nursing home resident’s rights violations that often result in economic, mental, and physical injuries include:  

  • The right to manage their own finances and be made aware of any transactions the nursing home makes on their behalf  
  • The right to have their medical records be kept confidential
  • The right to not be discharged from the facility without advanced warning and a list of reasons  
  • The right to refuse or be included in the planning of any medical care or treatment  
  • The right to choose their doctor
  • The right to exist without emotional, mental, financial, sexual, or physical exploitation or abuse
  • The right to respect, courtesy, and to be treated with compassion and dignity
  • The right to complain about services or policies without fear of retaliation
  • The right to be unrestrained unless they are a danger to themselves or others
  • The right to privacy
  • The right to engage in community, religious, and social groups and activities that do not pose a medical risk

Can My Loved One Be Compensated for a Nursing Home Injury?

If a member of your family sustained injuries caused by the abuse, neglect, or negligence of a Virginia nursing home, the law allows you to take legal action in order to recover compensation for their damages. It is not uncommon for more than one party to share liability in nursing home neglect or abuse cases, such as nurses, orderlies, the facility itself, or their insurer. A skilled Portsmouth personal injury attorney can conduct a thorough investigation and determine all potentially responsible parties. If a settlement is reached or a jury finds in your favor, you could receive financial compensation for damages including:  

  • Medical expenses associated with the injury, such as hospital bills, physical therapy, prescription drugs, diagnostic testing, and mental health services
  • Expenses related to moving your family member to another nursing home or into a private residence  
  • The estimated costs of future medical treatment if the injury needs ongoing care and treatment
  • Emotional trauma
  • Physical pain and suffering
  • If the liable party was grossly negligent or caused intentional injury, punitive damages may be available  

Talk to a Portsmouth Personal Injury Attorney

Virginia imposes a two-year statute of limitations on all personal injury claims. In cases of nursing home abuse and neglect, the clock usually starts running from the day the injury was reported. If your loved one has been injured due to the neglect or abuse of a care facility, you need to contact the experienced Portsmouth personal injury attorneys at Shapiro, Washburn & Sharp right away. The sooner we evaluate your case, the sooner we can get to work gathering evidence and building a strong case for compensation, such as the $300,000 arbitration award we secured for a client after she was injured in her nursing home. To schedule a free consultation, call (833) 997-1774 or fill out our contact form. We have offices in Portsmouth, Hampton, Norfolk, and Virginia Beach. 

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