When trusting a nursing home with an aging loved one, families expect attentive care in a safe environment. Unfortunately, abuse and neglect can cause tremendous harm to residents and their families. Hiring a Virginia Beach nursing home abuse lawyer is one way to learn more about your legal rights. There are nursing home abuse laws in Virginia that protect nursing home residents from abuse and neglect.
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According to the Kaiser Family Foundation, there were 1,241,727 nursing home residents in the United States, with 28,544 in Virginia in 2025. In Virginia, there were 28,554 nursing home residents in Virginia alone. Unfortunately, some of these residents have experienced nursing home abuse in the facilities that are supposed to protect and care for them.
Nursing home abuse happens when a resident is injured or experiences loss due to the wrongful conduct of staff members, caregivers, administrators, or others. Nursing home abuse involves physical harm, emotional distress, financial exploitation, or neglect that puts a resident’s well-being at risk.
If a resident is elderly or has cognitive impairments, they may require assistance with everyday tasks like eating, bathing, taking medication, or getting around. Nursing home abuse can sometimes go unnoticed by family members if the victim is unable to communicate. If you notice sudden changes in your loved one’s behavior or health, you should inquire about potential causes.
Residents of nursing homes have rights under Virginia law and several federal regulations. Virginia’s Adult Protective Services Act outlines how mandatory reports of abuse, neglect, or exploitation may be investigated. Nursing homes must also follow the Nursing Home Reform Act, a set of federal regulations concerning care standards for Medicaid and Medicare beneficiaries.
Although there are many types of abuse that can occur in nursing homes, some forms are more common than others. Common forms of elderly abuse by caregivers are listed below:
Elder abuse and nursing home neglect can also happen when a facility does not have enough workers or when someone fails to follow a patient’s care plan. Without adequate staffing, residents may be at a higher risk for injury from preventable accidents.
Signs of abuse in a nursing home resident can manifest in changes to your loved one’s physical appearance or emotional state. This can include avoiding eye contact, social withdrawal, unexplained injuries, or unusual aggression. In some cases, loved ones may notice bruises, cuts, fractures, burns, bedsores, weight loss, dehydration, poor hygiene, infections, or sudden behavioral changes upon seeing an abused resident.
If your loved one suddenly appears anxious, withdrawn, or fearful around certain caregivers or staff members, there may be a reason for their change in behavior. Furthermore, nursing home residents may become reluctant to speak in front of a caregiver or make eye contact during visits.
Try to maintain open communication with your loved one so they know it’s safe to confide in you about any problems they’re experiencing. Ask questions if you notice something is off or alarming. Unfamiliar charges on bank statements, missing belongings, added names on wills or deeds to property, or suspicious money transfers may also signal financial exploitation.
This list is not exhaustive, and many signs of nursing home abuse may come to light. If you suspect neglect or abuse, continue monitoring your loved one’s health and take steps to secure their safety.
The caregiver who caused the injury may be liable for nursing home abuse. In some nursing home abuse cases, other parties who own, operate, or provide services to the nursing home may also be responsible. For example, negligent hiring practices or a failure to investigate complaints against caregivers may result in facility liability. Other potential parties that may bear some responsibility for nursing home abuse are listed below:
A skilled Virginia Beach nursing home abuse attorney can help you understand the differences between and identify liability and negligence.
In many cases of nursing home abuse, your loved one’s immediate safety is the priority. If they have sustained an injury, seek medical attention and document their injuries with photographs and detailed notes. You can request copies of their medical records, care plans, prescriptions, and facility incident reports.
Begin gathering evidence by taking pictures of injuries, writing down your observations, and speaking with your loved one about what happened. Make a note of event dates. Keep track of your discussions with staff and any other witnesses.
Residents or their family members can also report nursing home abuse to Virginia’s Adult Protective Services. In 2025, there were 49,610 suspected cases of maltreatment of adults. Of those suspected cases, 32,528 were investigated by the Department for Aging and Rehabilitative Services. Taking Immediate action by reporting suspicious circumstances may prevent further abuse and preserve evidence for future investigators.
There is no predetermined amount of money that nursing home abuse victims may receive as compensation. Damages are typically based on the losses experienced by the victim. Possible damages in nursing home abuse claims include medical bills, rehabilitation expenses, pain and suffering, emotional distress, permanent disability, punitive damages, moving costs to transfer to another nursing home, and more.
To have a valid claim, each of the damages you are seeking retribution for must be supported by strong evidence.
Many people hire a nursing home abuse lawyer to investigate whether a nursing home provided the level of care to their loved one as required by law. Lawyers can help preserve evidence, review records, identify negligent parties, and navigate your claims process on your behalf. Your attorney can handle communications with insurance companies and represent your case in court if litigation is necessary.
The Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, Virginia Beach, VA 23456, handles civil cases involving Virginia Beach residents. While it is not necessary to know every court in Virginia, understanding where you can file a claim is one part of learning about Virginia’s court system. It can also be an advantage to you when your attorney is local and familiar with the court that holds jurisdiction over your case.
While many complaints against nursing homes fall into the categories of abuse or neglect, some forms of substandard care do not. Neglect and abuse typically involve reckless behavior or repeated conduct that threatens or puts residents at risk for injury or harm.
Mistakes or poor service can also occur, which don’t amount to neglect or abuse. Reviewing medical records and the facility’s policies, along with the circumstances surrounding the alleged abuse, can help clarify this issue.
Yes, a nursing home resident has the right to make decisions about their medical care as long as they have the legal capacity to make such decisions. They can refuse treatment, medications, or procedures if they understand the risks of refusing such care. If a resident has a guardian or healthcare proxy, some decisions may be made by another party on the resident’s behalf.
Moving a resident to a safer location usually does not bar a claim. In fact, in most cases, it may be necessary to move a resident to another location for their health and safety. Medical records, photographs, and other evidence should be preserved, if possible, before or immediately after moving the resident.
Evidence differs based on situations, but may consist of medical records, photos of injuries, medication logs, staffing records, video surveillance, incident reports, inspection reports, witness testimonies from staff, residents, or visitors. Family members might also keep personal notes detailing shifts in a loved one’s well-being or conversations they had with facility staff, which can be useful in constructing a timeline.
Occasionally, issues can and should be resolved by filing grievances via internal complaint processes, state agencies, or through alternative dispute resolution before resorting to litigation. Which course of action should be pursued depends on the severity of the alleged actions and whether the resident is still in danger. It is still advised to save documentation and know relevant statutes of limitations even if other processes are pursued.
Staying engaged with your loved one’s care allows you to hold staff accountable and take care of issues as they come up. However, if you have reason to believe that abuse or neglect took place, knowing your Virginia nursing home abuse laws and legal options can help families make educated choices while seeking justice on behalf of injured residents’ health, dignity, and well-being. Brooks & Baez can help. Contact us for more information.
Our team is comprised of Jesse Baez and Noel Brooks, two attorneys with decades of combined
experience handling legal matters for clients throughout the state of Virginia.
Whatever your legal issue, we will answer your questions and offer you peace of mind as we work to guide
you through the process to resolution.
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