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Nursing Home Abuse

Virginia Nursing Home Abuse & Negligence Attorney

Representing Victims of Elder Abuse Throughout Virginia

Currently, over 1 million Americans reside in nursing home facilities. Unfortunately, seniors are subjected to various injuries, including bedsores, falls, bruising, bone breaks, and even death. In fact, according to the National Council on Aging (NCOA), as many as 5 million older Americans experience abuse yearly while residing in nursing facilities, leading to serious medical, psychological, and even fatal consequences.

Why Choose Our Nursing Home Abuse Lawyers?

In addition to being an elder law attorney for over fifteen years, the founder of J.S. Burton, P.L.C., John Burton, witnessed firsthand, at the age of eight, the tragic consequences of his grandfather's abuse and neglect at an ill-run nursing home facility. This experience provides him with empathy and understanding for each potential case the firm handles vigorously. 

As the population in America ages with each passing year, the elderly have to depend on at-home care and placement in assisted living or nursing home facilities.

Schedule a free consultation today by calling (888) 885-9001 or messaging us with your availability.

Nursing Home Abuse

While many home healthcare workers and employees at assisted living and nursing homes make daily sacrifices to provide excellent care for the nation's elderly, some do not. The dark reality is that there are over one million reports of elder abuse in nursing homes each year. 

Many seniors are subject to one or more of the following injuries:

  • Bedsores or pressure ulcers that appear on various areas of the skin under constant pressure. If your loved one remains in the same position for an extended period without much movement, they are likely to develop bedsores.
  • Bone Breaks and Fractures: A bone fracture is a severe medical condition involving a break in the continuity of a bone. All bone fractures are broadly categorized as closed, open, or compression fractures.
  • Bruises: A bruise is a soft tissue injury that causes discoloration of the skin. Bruises are often caused by physical trauma to the affected area. While some people bruise easily, others only bruise due to severe impacts.
  • Choking: Meal times can be dangerous for nursing home residents who require more attentive care. Employees at many facilities, especially those operating for profit and understaffed, may serve food trays without monitoring residents' consumption.
  • Death: Death in a nursing home may be the result of abuse. Signs of abuse to look for include infections, malnutrition, and tampering with medication.
  • Emotional Abuse: Emotional or psychological abuse refers to the deliberate infliction of fear or anguish through verbal threats, intimidation, or other forms of malicious behavior. This type of abuse can be very subtle and often goes unnoticed by families of loved ones in nursing homes.
  • Falls: Falls occur for various reasons in nursing homes. Even residents who require consistent care in nursing home facilities are prone to accidents due to various medical conditions, age, psychological trauma, or physical limitations.
  • Financial Exploitation: Financial abuse of the elderly can take many forms. Nursing home staff may forge signatures on checks, or elders may be manipulated into making financial decisions by court-appointed guardians.
  • Malnutrition & Dehydration: Malnutrition and malnourishment result from an unbalanced diet that is either excessive or lacking in specific essential vitamins and nutrients. The genuine concern with these conditions is the likelihood of residents developing various nutrition disorders.
  • Veterans Neglect & Abuse: The Long Term Care Institute (LTCI) is responsible for surveying VA nursing homes and conducting in-depth reviews. Sadly, these reviews have repeatedly identified a severe failure to treat veterans with respect and dignity.
  • Wandering & Elopement: According to the American Health Care Association, about 50% of nursing home residents suffer from dementia. Wandering and elopement are common among nursing home residents and pose a perilous threat, especially to those suffering from Alzheimer's or dementia.
  • Sepsis: Sepsis occurs when bacteria enter an open wound, catheter, or IV line, causing a severe infection. Chemicals that battle the infection enter the bloodstream, prompt inflammation throughout the body, and create blood clots that block nutrients and oxygen from reaching vital organs.
  • Poor Hygiene: Nursing home negligence occurs when residents are left unwashed, unattended, or unnoticed for extended periods. This neglect can have serious, life-threatening consequences, not only for the victim but also for other residents.
  • Sexual Abuse: Sexual abuse includes non-consensual sexual contact, such as touching, rape, photography, videotaping, and verbal harassment. Neglect leading to abuse occurs when nursing home management fails to protect residents from unwarranted sexual contact, fails to report it if it does occur, and fails to investigate any suspicions or allegations properly.
  • Medication Errors: Overmedicating and wrongly medicating nursing home residents are common signs of nursing home neglect and abuse. Unfortunately, Medicare and Medicaid cuts have reduced the number of competent nursing home staffers available to residents, with many employees overworked and less attentive to their duties.

Common Signs of Nursing Home Abuse

Common signs of nursing home abuse include unexplained injuries, sudden weight loss, emotional withdrawal, poor hygiene, and unusual behavior changes. Family members should also be vigilant for signs of neglect, such as bedsores, overmedication, or unsanitary conditions in the facility. If you suspect nursing home abuse, it's crucial to take immediate action to ensure the safety and well-being of your loved one. This may involve reporting the abuse to the facility, contacting the appropriate authorities, and seeking legal assistance to hold the responsible parties accountable.

Contact Our Virginia Nursing Home Abuse Lawyers

Nursing home abuse is an unacceptable breach of trust and care. At J. S. Burton, P.L.C., we are dedicated to seeking justice for those who have suffered due to the negligence or abuse of others. If you suspect your loved one has been a victim of nursing home abuse, contact us for a consultation. Together, we can take the necessary steps to protect their rights and well-being. Your loved one deserves the care and respect they were promised when entering a nursing facility, and we're here to help ensure they receive it.


Schedule a free consultation today by calling (888) 885-9001 or messaging us with your availability.

In addition to being an elder law attorney for over fifteen years, the founder of J.S. Burton, P.L.C., John Burton, witnessed firsthand, at the age of eight, the tragic consequences of his grandfather's abuse and neglect at an ill-run nursing home facility. This experience provides him with empathy and understanding for each potential case the firm handles vigorously. As the population in America ages with each passing year, the elderly have to depend on at-home care and placement in assisted living or nursing home facilities. The law firm of J.S. Burton, P.L.C. represents families and individuals harmed by elder abuse throughout the country. We can provide a free consultation and a nursing home negligence review using top experts in the field to determine the merits of your case.

Our firm advocates for individuals who have been victims of injuries in nursing homes and long-term care facilities, whether due to negligence or intentional abuse. We believe in fighting for those who do not usually have a voice, giving them a platform for justice.

Call the lawyers at J.S. Burton, P.L.C. for a free consultation if you or a loved one has experienced nursing home abuse or neglect. If we represent you, you pay no legal fees unless we win.

Call (888) 885-9001}or complete a Free Case Evaluation below.

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    FAQs

    • What estate planning documents should I have?
      A comprehensive estate plan should include the following documents, prepared by an attorney based on in-depth counseling which takes into account your particular family and financial situation:

      A Living Trust can be used to hold legal title to and provide a mechanism to manage your property. You (and your spouse) are the Trustee(s) and beneficiaries of your trust during your lifetime. You also designate successor Trustees to carry out your instructions in case of death or incapacity. Unlike a will, a trust usually becomes effective immediately after incapacity or death. Your Living Trust is "revocable" which allows you to make changes and even to terminate it. One of the great benefits of a properly funded Living Trust is the fact that it will avoid or minimize the expense, delays, and publicity associated with probate.

      If you have a Living Trust-based estate plan, you also need a pour-over will. For those with minor children, the nomination of a guardian must be set forth in a will. The other major function of a pour-over will is that it allows the executor to transfer any assets owned by the decedent into the decedent's trust so that they are distributed according to its terms.

      A Will, also referred to as a Last Will and Testament, is primarily designed to transfer your assets according to your wishes. A Will also typically names someone to be your Executor, who is the person you designate to carry out your instructions. If you have minor children, you should also name a Guardian as well as alternate Guardians in case your first choice is unable or unwilling to serve. A Will only becomes effective upon your death, and after it is admitted by a probate court.

      A Durable Power of Attorney for Property allows your agent to carry on your financial affairs in the event that you become disabled. Unless you have a properly drafted power of attorney, it may be necessary to apply to a court to have a guardian or conservator appointed to make decisions for you during a period of incapacitation. This guardianship process is time-consuming, expensive, emotionally draining and often costs thousands of dollars.

      There are generally two types of durable powers of attorney: a present durable power of attorney in which the power is immediately transferred to your agent (also known as your attorney in fact); and a springing or future durable power of attorney that only comes into effect upon your subsequent disability as determined by your doctor. Anyone can be designated, most commonly your spouse or domestic partner, a trusted family member, or friend. Appointing an agent assures that your wishes are carried out exactly as you want them, allows you to decide who will make decisions for you, and is effective immediately upon subsequent disability.

      The law allows you to appoint someone you trust to decide about medical treatment options if you lose the ability to decide for yourself. You can do this by using a Durable Power of Attorney for Health Care or Health Care Proxy where you designate the person or persons to make such decisions on your behalf. You can allow your health care agent to decide about all health care or only about certain treatments. You may also give your agent instructions that he or she has to follow. Your agent can then ensure that health care professionals follow your wishes. Hospitals, doctors and other health care providers must follow your agent's decisions as if they were your own.

      A Living Will informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment. In conjunction with other estate planning tools, it can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity.

      Some medical providers have refused to release information, even to spouses and adult children authorized by durable medical powers of attorney, on the grounds that the 1996 Health Insurance Portability and Accountability Act, or HIPAA, prohibits such releases. In addition to the above documents, you should also sign a HIPAA authorization form that allows the release of medical information to your agents, your successor trustees, your family and other people whom you designate.
    • How do I name a guardian for my children?
      If you have children under the age of eighteen, you should designate a person or persons to be appointed guardian(s) over their person and property. Of course, if a surviving parent lives with the minor children (and has custody over them), he or she automatically continues to remain their sole guardian. This is true despite the fact that others may be named as the guardian in your estate planning documents. You should name at least one alternate guardian in case the primary guardian cannot serve or is not appointed by the court.
    • What does my estate include?

      Your estate is simply everything that you own, anywhere in the world, including:

      • Your home or any other real estate that you own
      • Your business
      • Your share of any joint accounts
      • The full value of your retirement accounts
      • Any life insurance policies that you own
      • Any property owned by a trust, over which you have a significant control
    • Why is it important to establish an estate plan?

      Sadly, many individuals don’t engage in formal estate planning because they don’t think that they have “a lot of assets” or mistakenly believe that their assets will be automatically shared among their children upon their passing. If you don’t make proper legal arrangements for the management of your assets and affairs after your passing, the state’s intestacy laws will take over upon your death. This often results in the wrong people getting your assets as well as higher estate taxes.

      If you pass away without establishing an estate plan, your estate would undergo probate, a public, court-supervised proceeding. Probate can be expensive and tie up the assets of the deceased for a prolonged period before beneficiaries can receive them. Even worse, your failure to outline your intentions through proper estate planning can tear apart your family as each person maneuvers to be appointed with the authority to manage your affairs. Further, it is not unusual for bitter family feuds to ensue over modest sums of money or a family heirloom.