Nursing Home
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How do I find out if a nursing home has a history of violations?
The Centers for Medicare & Medicaid Services (CMS) maintains Care Compare (medicare.gov/care-compare), a publicly searchable database of nursing home inspection results, deficiency histories, staffing data, and quality measures. Virginia Department of Health inspection reports are also publicly available. A facility with a pattern of repeated deficiencies — especially in the same categories (pressure ulcers, falls,…
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Should I report the nursing home to the state?
Yes — with strategy. You have the right to file a complaint with the Virginia Department of Health (VDH), which licenses and inspects nursing homes, and with the Long-Term Care Ombudsman program. Substantiated complaints can result in deficiency citations, fines, directed plans of correction, or in egregious cases, loss of licensure. The practical benefit for…
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What if the nursing home says the injury was an expected outcome of my loved one’s condition?
That is the most common defense in nursing home cases, and it deserves a direct answer: the existence of an underlying condition that creates risk is not a license to ignore that risk. A resident with diabetes, vascular disease, or immobility is exactly the resident for whom aggressive preventive protocols — frequent repositioning, hydration management,…
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Can I get my loved one’s medical records from the nursing home?
Yes. Under HIPAA and Virginia law, a resident (or their authorized representative) has the right to access and obtain copies of their medical records. The facility must respond to a written request and may charge a reasonable copying fee. If the facility is slow to respond, obstructs access, or produces incomplete records, document every communication…
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How are you paid? What does it cost to hire you?
We handle nursing home negligence cases on a contingency fee basis. You pay nothing upfront and owe no attorney fee unless we recover money for you. Our fee is a percentage of the recovery, agreed upon in writing before we begin. This means we share the risk with you. If we do not recover, you…
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What damages can be recovered in a nursing home negligence case?
Recoverable damages fall into two broad categories: Compensatory damages — designed to make the injured resident whole — include: In cases involving intentional abuse or reckless conduct, punitive damages may also be available.
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Can the facility limit its liability in the admission agreement?
No. Virginia law does not permit a nursing home to contractually cap its liability for negligence or abuse as a condition of admission. Any such provision in an admission agreement is against public policy and unenforceable. Admission agreements can be lengthy and deliberately confusing. If you are unsure what you signed, we can review it…
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I signed an arbitration agreement when my loved one was admitted. Can I still sue?
Possibly. Mandatory pre-dispute arbitration clauses in nursing home admission agreements are aggressively challenged and, in many circumstances, unenforceable. Federal regulations implemented in 2023 prohibit nursing homes participating in Medicare and Medicaid from requiring arbitration as a condition of admission. Facilities that violated this rule may not be able to enforce the clause. Beyond the regulatory…
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Does Virginia require a certificate of merit (expert affidavit) in nursing home cases?
Virginia does not require a certificate of merit as a filing prerequisite in the same manner as some other states. However, expert testimony is essential in virtually every nursing home negligence case to establish (1) the applicable standard of care, (2) the deviation from that standard, and (3) causation of the injury. We work with…
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What is the process for a nursing home negligence lawsuit?
A typical case moves through several stages: Most nursing home negligence cases resolve before trial. However, we prepare every case as though it will go to a jury, because facilities and their insurers respond to demonstrated readiness.
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What is the statute of limitations for a nursing home negligence claim in Virginia?
In Virginia, the general statute of limitations for personal injury claims — including nursing home negligence — is two years from the date of the injury. For wrongful death claims arising from nursing home negligence, the deadline is also two years from the date of death. There are limited exceptions, including cases involving fraud or…
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My loved one has a Stage II (or III or IV) pressure ulcer. Is that automatically negligence?
Not automatically — but it is a serious red flag that demands immediate scrutiny of the facility’s documentation and practices. Stage II pressure ulcers (skin breakdown with partial thickness loss) that develop in a nursing home are, in the overwhelming majority of cases, preventable. Stage III and IV ulcers — involving full-thickness tissue loss, exposed…