Nursing Home Neglect & Abuse Attorney
Nursing homes are a critical resource to help take care of our loved ones who need assistance and can’t take care of themselves. We trust these skilled facilities and workers to keep our relatives and friends safe and healthy, but they can be neglected, causing significant injuries or illnesses, emotional trauma, or even death. Sometimes, they’re abused physically, sexually, financially, or psychologically too. At Puglielli Injury Law, we have zero tolerance for abusive conduct and strive to hold these facilities and companies accountable.
Why hire a Richmond nursing home neglect or abuse lawyer?
If you or your loved one has become a victim of nursing home neglect or abuse, legal counsel can help stop the conduct from persisting and help recover monetary damages too. The consequences of neglect or abuse can be extremely serious, and a single nursing home or facility is often associated with a bigger company or series of homes. By pursuing legal action, you not only are able to get help for yourself, but you also help hold these companies accountable and deter them from similar conduct in the future. These kinds of cases can also be legally complex due to potentially numerous parties involved and the types of claims that might exist depending on the circumstances.
As an experienced personal injury lawyer, litigator, and negotiator, Gianni Puglielli will guide you every step of the way to a resolution with compassion and empathy.
If you still have questions, you can give Gianni a call to discuss your potential case, but you can also browse some helpful, in-depth FAQs and information below. Please see our general FAQs page too.
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Frequently Asked Questions
What are the differences between nursing home neglect and abuse?
There is a wide variety of conduct that could be considered abuse or neglect. Starting with the criminal definitions, neglect is the knowing and willful failure to provide treatment, care, goods, or services that endangers or causes injury to the nursing home resident. Abuse, on the other hand, can come in two forms. It can be knowing and willful conduct that causes physical injury or pain, or it can be the knowing and willful use of a physical restraint as punishment, for convenience, or as a substitute for treatment.
Keeping those definitions in mind, neglect and abuse in the civil (non-criminal) context consists of a wider variety of conduct. Neglect can be generally characterized as an omission or failure to do something for the nursing home resident, such as ignoring medical needs or forgetting to provide food or water. As for abuse, in addition to causing physical pain, abuse can be sexual, financial, or emotional.
Who is liable in a nursing home neglect or abuse case?
Typically, the liable parties in a nursing home case may be the nursing home itself and one or more employees of the nursing home. Sometimes, a third party can be liable depending on their involvement in the care for the resident, such as a physician who treated the resident but isn’t an employee of the nursing home.
However, the nursing home is frequently the primarily liable party. There are several types of claims that can be made against the nursing home, such as negligent hiring and retention of staff, negligent security, premises liability, and simple negligence—this includes the wide variety of conduct that could be considered neglect or abuse as discussed above.
And, like in other kinds of personal injury cases, such as car accidents or trucking accidents, an employer can be liable for the acts of its employee(s). This means that even if the nursing home itself may have generally done the right things, if one of its employees was negligent (or, in some situations, did something intentionally), then the nursing home may be on the hook for that employee’s conduct.
Are nursing homes required to have insurance in Virginia?
Yes, under Virginia Code 32.1-127, nursing homes are required to have a general liability insurance policy with a minimum of $1 million in coverage. They’re also required to have medical malpractice insurance that, as of July 1, 2025, must have coverage limits of $2.70 million.
Is nursing home negligence the same thing as medical malpractice?
No, they are separate and distinct claims, but a resident/patient may have one or both kinds of claims depending on the circumstances of the injuries and whether a physician was involved.
How do I know if nursing home neglect or abuse is happening?
There are many signs and pieces of evidence to know if your loved one is being neglected or abused. They may not recognize that they’re becoming a victim, or they may be hesitant to tell you everything that’s happening. Neglect and abuse can be the consequences of many combined factors, so below are some indicators to look for:
Physical. If the resident/patient is immobile or physically disabled and requires help to move, notice if bedsores (also known as pressure ulcers) are present. These are caused by infrequent repositioning and can lead to serious infections. Other physical signs may include unexplained bruises, poor hygiene, and sudden or unexpected weight loss.
Emotional. If abuse or neglect is happening, your loved one may exhibit signs of social withdrawal, depression, fearfulness, or anxiety. Notice if it occurs in the presence of particular staff members or even other residents of the nursing home.
Environmental. What is the general appearance of the facility and staff? Is it free from pests and foul odors? In the residents’ rooms, are their trash cans empty, bathrooms and bed sheets clean, belongings organized and neat? What is the ratio of staff to residents? Frequently, understaffing is a contributor to neglect of residents, so take note of how long someone has to wait for assistance or whether the employees seem overwhelmed. Finally, what is the condition of the facility? Is all medical and other equipment functioning? Is there sufficient lighting? Are the outdoor areas manicured?
