A Proven Track Record Matters
We trust nursing homes to care for the people we love—parents, grandparents, spouses—when they can no longer care for themselves. These facilities often promise compassionate care, respect, and close attention. Many deliver just that. But some fail in ways that are deeply harmful.
The reality is disturbing: nursing home abuse and neglect affect millions of elderly Americans each year. It happens quietly—often without warning—and to families who thought they had done everything right. Even well-meaning staff in reputable facilities can make harmful mistakes when systems break down or when there just aren’t enough hands on deck.
A Pervasive Problem
When you entrust your loved one to a nursing home facility, you expect compassionate, professional care that protects their health, safety, and quality of life. Unfortunately, nursing home abuse and neglect have become widespread problems affecting millions of vulnerable elderly residents across the United States.
Nursing home abuse affects as many as 5 million older Americans every year, with many incidents occurring in facilities that families trusted to provide quality care. Research indicates that abuse and neglect are severely underreported, with studies suggesting that for every one reported incident, 24 cases go undetected. This alarming reality means that countless elderly residents suffer in silence, making it crucial for families to understand the warning signs and know their legal rights.
The statistics paint a disturbing picture of widespread abuse in nursing facilities nationwide. According to recent data, 10% of all people over age 60 report having been abused, with older adults in care facilities facing particularly high risks. Female residents are disproportionately affected, representing over 64% of elder abuse victims, while residents with cognitive impairments or physical disabilities face even greater vulnerability.
Why Choose Our Nursing Home Abuse Law Firm
Our legal team litigates nursing home abuse and negligence cases, fighting tirelessly to hold facilities accountable and secure the compensation your family deserves. We bring deep knowledge, a proven track record, and an unwavering commitment to protecting elderly residents and their families. We understand the complexities of nursing home litigation and have the resources necessary to take on large corporate nursing home chains.
Our approach includes thorough investigation, collaboration with medical experts, aggressive litigation strategies, compassionate support, and contingency fee arrangements.
Types of Nursing Home Abuse We Handle:
Our firm represents families dealing with all forms of nursing home abuse and negligence, including:
Pressure Ulcers and Bedsores
Pressure ulcers, also known as bedsores or decubitus ulcers, are among the most common and preventable injuries in nursing homes. These painful wounds develop when prolonged pressure restricts blood flow to the skin, causing tissue damage and potentially life-threatening infections. Bedsores progress through four distinct stages:
- Stage I: Skin remains intact but appears red and feels warm to touch.
- Stage II: Partial skin loss with blister-like appearance.
- Stage III: Deep crater-like wound with possible infection.
- Stage IV: Severe wound exposing bone, muscle, or tendons.
Stage IV pressure ulcers are particularly dangerous and can lead to serious infection, sepsis, and even death. These severe bedsores are largely preventable through proper positioning, regular turning, adequate nutrition, and appropriate medical care.
Falls and Related Injuries
Falls are extremely common in nursing homes, with an average incidence rate of 1.5 falls per resident each year. Many falls result from environmental hazards, inadequate supervision, or failure to provide appropriate assistive devices. Falls can result in serious injuries including broken bones, head trauma, and internal injuries.
Wrongful Death in Nursing Homes
Tragically, nursing home abuse and neglect can result in preventable deaths. Wrongful death occurs when abuse, neglect, or inadequate care directly contributes to a resident’s death. Common causes include untreated medical conditions, severe pressure ulcers and infections, preventable falls, choking and aspiration.
Sexual Abuse and Exploitation
Sexual abuse in nursing homes involves any non-consensual sexual contact or exploitation of elderly residents. This devastating form of abuse often targets residents with dementia or cognitive impairments who may be unable to report the abuse or defend themselves.
Physical Abuse and Assault
Physical abuse involves the intentional use of force that results in bodily injury, pain, or impairment. This can include hitting, pushing, restraining, or rough handling of residents. Physical abuse often leaves visible signs such as unexplained bruises, broken bones, or injuries that don’t match the facility’s explanation.
Medication Errors
Medication errors affect up to one-quarter of nursing home residents, representing a significant threat to resident safety. The average nursing home resident takes multiple prescription medications, creating numerous opportunities for dangerous mistakes. Common errors include wrong medication or dosage, missed doses, inappropriate medications for elderly patients, and failure to monitor for adverse reactions.
Malnutrition and Dehydration
Malnutrition affects a significant percentage of elderly residents, with many suffering from inadequate nutrition. Dehydration and malnutrition weaken the immune system, increase fall risks, and contribute to the development of pressure ulcers.
FAQs
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How do I find out if a nursing home has a history of violations?
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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, staffing, medication management) — is a significant indicator in evaluating a claim. We review this history as a standard part of our intake process.
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Should I report the nursing home to the state?
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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 litigation: state inspection records, deficiency histories, and prior complaints are public records and often powerful evidence of a facility’s systemic failures — patterns that go beyond a single incident.
File complaints strategically, ideally with guidance from your attorney. Statements you make in a regulatory complaint can be used in litigation.
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What if the nursing home says the injury was an expected outcome of my loved one’s condition?
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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, nutrition assessment, skin checks — are mandatory. The facility’s job is to manage known risks, not to invoke them as an excuse after the fact.
If the facility cannot produce documentation showing it identified the risk and took specific steps to address it, the “expected outcome” defense typically fails under scrutiny from a qualified nursing expert.
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Can I get my loved one’s medical records from the nursing home?
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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 and contact us immediately. Spoliation of evidence — the destruction or concealment of records — carries significant legal consequences and is an issue we address aggressively.
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How are you paid? What does it cost to hire you?
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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 do not owe us a fee. Case expenses — expert witness fees, deposition costs, filing fees — are also advanced by the firm and recouped only from a successful recovery.
There is no charge for an initial consultation.
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What damages can be recovered in a nursing home negligence case?
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Recoverable damages fall into two broad categories:
Compensatory damages — designed to make the injured resident whole — include:
- Medical expenses for treatment of the injury caused by the neglect (wound care, hospitalization, surgery, rehabilitation)
- Pain and suffering — physical pain, emotional distress, and loss of dignity
- Disfigurement from severe pressure ulcers or other permanent injury
- Wrongful death damages, including sorrow and mental anguish suffered by surviving family members under Virginia’s wrongful death statute
In cases involving intentional abuse or reckless conduct, punitive damages may also be available.