Sadly, nursing home abuse has become a nationwide problem, affecting vulnerable elderly residents and their families every day. In fact, between February 2020 and March 2021, more than 15,000 cases of neglect and abuse were reported to the U.S. Department of Health and Human Services. In most cases, these crimes are never reported, either because the victim cannot physically communicate what happened to them or because they are afraid to do so.
If your loved one has been a victim of nursing home neglect or abuse in the Virginia Beach area, it is important to know how to report the crime and get your loved one the help they need. The Virginia Beach elder abuse lawyers at Shapiro, Washburn & Sharp can help you prove negligence and file a lawsuit against the at-fault party. Call us today to schedule your free consultation.
What Counts as Nursing Home Abuse and Neglect?
The very first step to reporting nursing home abuse is realizing that it’s taking place, which can be a lot trickier than it sounds. Unfortunately, nursing home abuse can take many forms, which is why you need to be able to recognize the signs. In 2018, the National Center for Victims of Crime reported that the most common forms of nursing home abuse are:
- Neglect (14%): One of the most common and harmful forms of abuse is neglect. Neglect occurs when staff fail, either through incompetence or malice, to meet a resident’s basic needs. This may involve not providing enough food or water, ignoring hygiene needs, or withholding essential medical care and attention.
- Physical abuse (29%): Any type of unwanted physical contact, such as hitting, slapping, shoving, or using excessive restraint, is rightfully considered physical abuse. It often results in visible, physical injuries and can also cause long-term psychological damage.
- Psychological abuse (21%): Emotional or verbal mistreatment, including threats, intimidation, humiliation, name-calling, or isolating a resident from loved ones, can cause deep psychological trauma. This type of abuse can be difficult to detect because it leaves no physical evidence.
- Resident-on-resident abuse (22%): Sometimes, other residents may be the perpetrators. This type of abuse can include both physical and sexual harm, such as unwanted touching, assault, or harassment, and is often overlooked in crowded or understaffed facilities.
- Sexual abuse (7%): Any non-consensual sexual contact or conduct, including molestation, rape, or forcing a resident to engage in or witness sexual acts, constitutes sexual abuse and is a grave violation of trust and safety.
- Financial abuse (7%): This occurs when someone exploits a resident’s finances for personal gain, such as stealing money, forging checks, misusing credit cards, or cashing social security payments without permission.
Common signs of nursing home abuse include bruises or injuries with no plausible explanation, sprains, dislocations, broken bones, burns, bed sores, weight loss, poor hygiene, sudden changes in behavior, anxiety, depression, and sexually transmitted diseases. If the resident is already suffering from dementia or Alzheimer’s disease, they may have a hard time communicating the situation to someone who can help.
If you see any of these signs of abuse, it’s important to act immediately and report the abuse to the appropriate authorities.
How Do I Report Nursing Home Abuse In Virginia Beach?
If you suspect a family member has been the victim of nursing home neglect or abuse, you need to gather evidence and more information. The first thing you should do is try to speak with them and the nursing home staff about what’s happening. Ask if they have witnessed any changes in their appearance or behavior. If the answer is yes, write down as much information as you can about what they saw and when they saw it. You can also request a copy of the nursing home’s policies on reporting abuse and get the facility’s administrator’s contact details.
How Do I File a Complaint with the Department of Health?
Every nursing home in Virginia is regulated by the Virginia Department of Health. This is also the department tasked with looking into any accusations of neglect or abuse. If you suspect that your loved one is being exploited, neglected, or abused, you can file a complaint with the department.
Complaints may also be filed online through their website. The Virginia Department of Health will then launch an investigation, which may include a records review, interviews with residents and staff, and random inspections of the care facility. If they uncover proof of neglect or abuse, appropriate action will be taken, which could include revoking the nursing home’s ability to admit patients on Medicaid and Medicare.
Does Virginia Have an Elder Abuse Hotline?
Yes! Virginia does have an Elder Abuse Hotline you can call with any concerns you have regarding nursing home exploitation, neglect, or abuse. This falls under the purview of Adult Protective Services, which is the agency in charge of investigating any reports of mistreatment of adults over 60. The hotline is manned by highly trained professionals who can advise you on what your next steps should be and, if needed, supply referrals to additional services.
Do I Need to File a Police Report?
In addition to filing a complaint with the Virginia DoH and reaching out to the state’s Elder Abuse Hotline, you can also choose to file a police report if you suspect a law has been broken. For instance, if you think that your family member has been sexually abused, physically assaulted, or financially exploited, you can file a report for assault or fraud.
Whatever the mechanism of abuse may be, it is necessary to take immediate action by documenting your complaints with the appropriate authority and filing a police report. Should you choose to pursue legal action against the care facility, these steps will be invaluable.
Can I Contact Adult Protective Services Directly?
Again, yes, you can! Adult Protective Services is an invaluable resource in elder abuse cases. APS investigates reports of exploitation, neglect, or abuse of vulnerable senior citizens, including residents of nursing homes. You can report abuse confidentially by calling the Virginia hotline or by contacting your local DSS directly. An APS employee will visit the home, interview staff and residents, and if necessary, coordinate with local law enforcement.
Practicing Injury Law Since 1985
Even when something is very obviously wrong, nursing home abuse is difficult to prove. It is not unusual for aging victims to be threatened and afraid of retaliation, or to be unable to tell someone what happened to them. This is just one of the many reasons it is important to work with an experienced Virginia Beach elder abuse lawyer who knows how to safeguard your rights and thoroughly investigate allegations of nursing home abuse. If a member of your family has been a victim of nursing home abuse, reach out to the skilled Virginia Beach elder abuse lawyers at Shapiro, Washburn & Sharp for a free consultation at (833) 997-1774 or through the contact form on our website.
With offices in Virginia Beach, Hampton, Portsmouth, and Norfolk, we can collect evidence, talk to eyewitnesses, and work with professionals to build the strongest case possible for your loved one. We will also negotiate with insurance adjusters and, if necessary, represent your family member’s best interests in court. In one recent case, for example, our firm secured a $300,000 arbitration award for an 80-year-old client whose fall, caused by nursing home negligence, led to a broken leg and an above-the-knee amputation. Don’t wait, get help for your loved one today.