We assist families whose loved ones have been mistreated or abused in nursing home and assisted care facilities. We handle cases involving bed sores or other preventable infections, malnutrition, inadequate supervision, rape, physical abuse and emotional abuse.

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Nursing Home & Assisted Living Abuse

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Nursing Home & Assisted Living Abuse

The current state of nursing home and assisted living facilities is great cause for concern. For years, Virginia families have brought their loved ones to these facilities in the belief that they are doing right by their parents or grandparents, putting them in the care of those who can devote the time to properly care for them. In too many of these cases, families have found the care to be lacking or even non-existent.

Some of the most urgent problems occurring in nursing homes and assisted living facilities include bed sores and other preventable infections; malnutrition; inadequate or unqualified staffing; sexual assault, physical abuse and emotional abuse. The law firm of Dulaney Lauer & Thomas has represented families who have been betrayed by facilities who promised better care for their loved ones. Because the Commonwealth of Virginia lacks the resources or commitment to properly oversee and enforce the rights of the elderly, it is up to families impacted by this crisis to take action. In many cases, our attorneys have shown nursing homes and assisted living facilities that the pattern of neglect and abuse they practice is unacceptable. We ensure that these institutions make amends for the pain they cause to the elderly and their families.

Are Recent Remedies Enough to Cure the Crisis in Assisted Living?

On March 23rd, 2005, Governor Mark Warner signed into law HB 2512 and SB 1183, legislation designed to address the most urgent failings of the nursing home and assisted living industry in Virginia. The Legislation to Improve Care and Safety of Residents in Assisted Living Homes does the following:

  • requires licensure of assisted living administrators
  • increases the maximum monetary penalty per inspection from $500 to $10,000
  • establishes criteria for assessing penalties by focusing on harm or potential harm to residents
  • allows for a summary suspension of a facility’s licensure to protect public safety or health
  • requires medication aides at assisted living facilities to be registered by the Board of Nursing
  • strengthens disclosure requirements for facilities to tell residents and family members what circumstances would cause a resident to be discharged from a facility
  • and improves screening of residents with mental health care needs.

These updates in the law are a good start to addressing the myriad problems in assisted living facilities, but with only $4.5 million set aside to enforce them, in most cases it will still be up to loved ones to identify signs of abuse and report them.

As so often is the case in for-profit healthcare environments, new laws alone won’t change the system. Instead, we have found that direct accountability to victims and their families has proven to be the best deterrent to neglect and abuse.

In the counties of Loudon, Prince William, Fauquier, Culpeper, Madison, Orange and throughout Virginia, the attorneys of Dulaney Lauer & Thomas are here to help families take effective action against facilities that mistreat the elderly. We’ve represented many families whose loved ones have suffered from neglect due to inadequate staffing, malnutrition, lack of sanitation, and physical and sexual abuse. We know the homes and the companies that have failed in their pledge to deliver quality care for the elderly, and we know the steps to take to punish this neglect. If you have concerns about the treatment of a loved one in an assisted care or nursing home facility, contact our offices today for responsive legal help.

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Blog for Nursing Home & Assisted Living Abuse

Library for Nursing Home & Assisted Living Abuse:

  • FREE Resources for Virginia Families Dealing With Nursing Home Abuse or Neglect   
    Description: Are you looking for help with a Virginia elder abuse case? Our skilled, compassionate Virginia nursing home and assisted living abuse & neglect attorneys have put together a wealth of information on this website for people just like you. Please contact our Warrenton or Culpeper office today to discuss your case confidentially for no cost or obligation.
  • Sexual Abuse of Nursing Home Residents in Virginia   
    Description: Sexual abuse of elders in Virginia is a crime, and perpetrators deserve to be held accountable for their actions and prevented from abusing again. Recent abuse cases have shown us how easy it is for nursing home staff and management to sweep cases of elder sexual abuse in Virginia under the rug. Do not hesitate to take action if you believe that your loved one is being sexually abused in a Virginia nursing home or assisted living facility.
  • Why Virginia nursing home abuse and neglect cases often remain hidden   
    Description: Many experts believe that nursing home abuse and neglect cases are underreported, meaning that thousands of crimes against elders take place without justice being served. There are a number of reasons why elder abuse and neglect crimes fall through the cracks. Please be aware of these reasons to help protect the safety of the elders in your family.
  • Nursing Home Fraud Schemes   
    Description: Fraudsters and scammers who prey on the elderly are a serious problem, especially for nursing home residents. This article contains a list of common frauds and scams that are perpetrated on elderly residents and seniors. Discussing these scams with your family and being aware of the tricks used by scammers is one way to avoid becoming a victim.
  • How nursing home staff shortages can lead to abuse and neglect   
    Description: During tough economic times, nursing homes try to cut costs just like other businesses. One way for these facilities to save money is to reduce staff hours. However, staffing shortages can lead to inadequate care for nursing home residents, which can be a contributing factor to abuse and neglect.
  • The Danger of Nursing Home Falls in Virginia   
    Description: Nursing home falls claim the lives of about 1,800 people every year and injure thousands more. Some researchers even believe that 75 percent of nursing home residents fall every year, some more than once. There are a number of contributing factors to falls in nursing homes, and some facilities are guilty of neglect when a resident suffers a serious injury in a fall.
  • Has the federal government dropped the ball on nursing home regulation?   
    Description: To address the specter of nursing home abuse in the United States, the Centers for Medicare and Medicaid Services (CMS) developed a website to help families research nursing home quality, and they’ve also compiled a list of the worst performing homes for additional follow up. A recent GAO report, however, found four times as many nursing homes that could be considered the worst in the nation. Is CMS doing a good enough job to prevent nursing home abuse and neglect?
  • Virginia Nursing Homes and Restraint Abuse   
    Description: The use of physical or chemical restraints in Virginia nursing homes is a controversial topic. While there are times that restraint use can be justified, facilities must be very careful to preserve the rights and dignity of their residents. If you are concerned about restraint use in your Virginia nursing home there are signs to look for and questions you can ask.
  • Financial Abuse and the Elderly   
    Description: One often-overlooked type of nursing home abuse in Virginia is financial abuse of an elderly person. Unfortunately, many older Americans are unable to protect their assets from nefarious caregivers and greedy family members. This article provides a definition of financial abuse, discusses who may financially abuse an elder, and lists some signs of financial abuse.
  • Signs of Nursing Home Abuse and Neglect   
    Description: The prospect of elder abuse or neglect is one thing that worries families who have entrusted the care of a loved one to a Virginia nursing home or assisted living facility. This article will familiarize you with the signs of nursing home abuse, neglect, or financial exploitation so you can be on the lookout for any suspicious situations.
  • Nursing Home Reform Act - Rights of Nursing Home Residents   
    Description: Virginia nursing home residents are given certain rights and services under the Nursing Home Reform Act. This article discusses the details of this law and the standards that it establishes. If you suspect that your loved one is the victim of nursing home abuse or neglect call Dulaney, Lauer & Thomas, LLP at 888-907-2631 for our Warrenton office or 800-741-1012 for our Culpeper office.

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Warrenton Office
492 Blackwell Road
Suite 201
Warrenton, Virginia 20186
Phone: 540-341-0007
Toll Free: 888-907-2631

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Culpeper Office
209 N. West Street
Culpeper, VA 22701
Phone: 540-825-6046
Toll Free: 800-741-1012

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