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.