The questions on this page were answered by our team of Virginia Beach & Norfolk personal injury attorneys. The questions are categorized by practice area such as car accidents, medical malpractice, wrongful death, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.
- Page 1
What are the legal consequences for those who commit nursing home abuse?
The consequences for someone who commits nursing home abuse is usually based on the situation. The perpetrator could be fired, have a restraining order issued against them, or have their medical license suspended or revoked. In some cases, they may even end up in jail. There may also be civil consequences where the victim of the abuse is awarded financial compensation for the injuries they suffered.
What evidence is used to prove nursing home abuse?
A Virginia nursing home abuse attorney will explain what type of evidence will be needed for your loved one’s situation. Photos of injuries and statements from witnesses are strong evidence in a case. Your attorney may also use the victim’s medical records to show evidence of abuse or neglect. There may even be other residents who come forward because they too have been victimized.
What should a family do if they suspect their loved one is a victim of nursing home abuse?
It is critical to take immediate action. Notify the nursing home administrator. You should also notify the Adult Protective Services Division of the Virginia Department for Aging and Rehabilitative Services (DARS). Depending on the type of abuse, you may also want to notify local law enforcement. A Virginia nursing home abuse attorney can assist your family in reporting the abuse and pursuing action against those responsible.
What are the signs a nursing home resident is being overmedicated?
- Appearing to be “out of it”
- Becoming easily confused
- Changes in the resident’s appetite
- Excessive fatigue
- Sleeping more than usual
- Sudden withdrawal from everyone
- Unexplained changes in personality
- Unexplained medical complications
- Unusual physical symptoms
How often does overmedication in nursing homes happen?
According to an investigation by NPR, there are approximately 300,000 American nursing home residents are currently being given antipsychotic medication. These medications were developed for treatment of conditions like bipolar disorder and schizophrenia; however, nursing homes often give it to dementia patients as a way to sedate them. This exposes these residents to dangerous side effects such as heart attack risk, risk of infection, and death. Keep in mind that overmedicating a patient is a form of physical abuse.
What should a family do if they suspect their loved one is a victim of nursing home overmedication?
If a family suspects their loved one is being overmedicated, they should contact a nursing home abuse attorney to find out what legal recourse they have for justice. In addition to civil legal action against the nursing home and staff, the attorney may advise the family to report the overmedication to the appropriate municipal, state, and/or federal agencies. The attorney may also recommend filing a criminal complaint with law enforcement depending on the circumstances of the abuse.
How many senior citizens are exposed to abuse each year, with some leading to serious personal injury?National statistics state that 5 million American seniors are victims of some type of abuse annually. If you suspect your loved one has been abused physically or sexually at home or in a nursing home, you should contact the police, and eventually a elder abuse attorney to consider legal steps.
What are some of the most common negligent acts in North Carolina nursing home abuse cases?The most common include inadequate resident hygiene standards; inattention to injuries or illnesses; mismanaged medication; not giving appropriate clothing; not giving enough food and water; and prolonged isolation of residents.
What are the risk factors for seniors and sexual abuse?
Any resident of a nursing home is at risk; however, studies show the following factors causes that risk to spike:
- Seniors who have no support system in place, such as family or friends
- Seniors who suffer from dementia. Statistics reveal that almost 50 percent of dementia patients have suffered some form of abuse.
- Seniors who have already experienced sexual assault, domestic violence, or other trauma in their past.
- Seniors who are in poor health or are functionally impaired.
How common is sexual abuse of the elderly?
All forms of elderly abuse are tragic, but sexual abuse of the elderly is far too common. According to an investigation conducted by CNN in 2017, there were more than 16,000 sexual abuse complaints filed on behalf of nursing home victims between 2013 and 2017. During that same time frame, more than 1,000 nursing homes were cited by the federal government for mishandling reports of sexual abuse or failing to prevent incidents. More than 100 facilities were cited multiple times.