A Virginia nursing home abuse claim is a civil claim against a nursing home, assisted living facility or the people who work there for harm caused to a resident through physical, emotional, sexual or financial abuse, or through neglect of basic care. It seeks compensation for the resident, or for the family when a resident has died, and it often brings to light problems that affect other residents too.
Blank Kim Injury Law represents residents and families across Fairfax, Arlington, Alexandria, Loudoun and Prince William counties. Attorneys Aaron Blank and Robert Kim handle these cases from our Fairfax office on Chain Bridge Road. Robert Kim speaks Korean, and our paralegal team speaks Spanish, which matters for families whose parents are more comfortable in those languages.
If a resident is in danger right now
Safety comes before any legal claim. If a resident is in immediate danger or needs emergency medical care, call 911.
- Adult Protective Services. Suspected abuse, neglect or exploitation of an adult in Virginia can be reported to Adult Protective Services at 1-888-832-3858.
- The Virginia Department of Health. Nursing homes in Virginia are licensed by the Virginia Department of Health, Office of Licensure and Certification, which takes complaints about licensed facilities.
- The facility itself. Tell the administrator and director of nursing in writing, keep a copy, and ask what they will do.
A report to a state agency and a civil claim are separate. You can do both, and a report does not prevent you from talking with a nursing home abuse lawyer about the harm your family member suffered.
Warning signs of nursing home abuse and neglect
Residents with dementia, stroke or limited speech often cannot tell family what is happening. Families usually notice the signs first:
| What you notice | What it can indicate |
|---|---|
| Bedsores (pressure ulcers), especially on the heels, hips or tailbone | The resident was not repositioned, kept clean or given proper nutrition |
| Repeated falls, fractures or a head injury | Too little supervision, no fall plan, or help with walking and toileting not provided |
| Sudden weight loss or dehydration | Meals and fluids not given, or help with eating not provided |
| Unexplained bruises, burns or injuries in unusual places | Physical abuse or rough handling |
| Over sedation or sudden confusion | Medication errors or improper use of drugs to control behavior |
| Fear of a particular staff member, withdrawal, sudden changes in mood | Emotional, physical or sexual abuse |
| Missing money, new “friends,” changed accounts | Financial exploitation |
| Soiled clothing or bedding, poor hygiene, unanswered call lights | Understaffing and neglect |
One sign on its own does not prove wrongdoing, and facilities sometimes have an innocent explanation. A pattern of signs, or an explanation that does not match the injury, is a reason to ask questions and to write down what you see, with dates.
Neglect is the most common harm
Most nursing home cases are not about a single act of violence. They are about care that was skipped, day after day: residents left in bed too long, meals left on a tray the resident cannot reach, call lights that go unanswered on the night shift. Neglect often traces back to staffing decisions, training and supervision, which is why these claims look at the facility and its owners, not only at one aide.
Serious neglect can lead to infections, sepsis and preventable death. Pressure ulcers that reach bone, falls that break a hip, and choking on food a resident was not supposed to have are the injuries we see most often. When a resident develops an infection or a condition the staff failed to recognize, the case can overlap with medical malpractice, and delayed treatment of sepsis is a frequent example. Falls inside facilities are discussed on our slip and fall page.
Which Virginia rules apply to a nursing home claim
Nursing home claims can fall under more than one set of rules, and sorting that out early matters.
- Medical care claims. Some claims against nursing homes and their medical staff are treated as medical malpractice under Virginia’s Medical Malpractice Act. Those claims require a written opinion from a qualified expert witness supporting the claim before suit is served, under Va. Code § 8.01-20.1, and are subject to the Act’s total damages cap in Va. Code § 8.01-581.15. We check whether the Act applies to your family member’s claim.
- Abuse and non-medical neglect. An assault by a staff member, a failure to protect a resident from another resident, or theft from a resident may be pursued as an ordinary injury claim.
- Punitive damages. Where conduct was willful and wanton, punitive damages may be sought, capped at $350,000 under Va. Code § 8.01-38.1.
Many nursing home admission packets include an arbitration agreement. Whether one is enforceable depends on who signed it and what it says, so bring the admission paperwork to your case review.
Deadlines, and claims after a resident dies
Virginia generally allows two years from the injury to file a personal injury lawsuit, under Va. Code § 8.01-243(A). In neglect cases, pinning down when the injury occurred can itself be contested, so do not wait.
A resident’s injury claim survives their death under Va. Code § 8.01-25. When neglect or abuse causes a death, the personal representative can bring a wrongful death action under Va. Code § 8.01-50, generally within two years of the death under Va. Code § 8.01-244(B). Damages can include the family’s sorrow and mental anguish and medical and funeral expenses, under § 8.01-52. Read more about Virginia wrongful death claims.
Claims against a facility run by a government agency follow separate notice rules that can be much shorter. See our guide to government claim notice.
Evidence in a nursing home case
Facilities keep detailed records, and those records often tell the story. We request and review:
- The resident’s chart, care plan and assessments, including fall risk and pressure ulcer risk scores
- Nursing notes, medication administration records and physician orders
- Staffing schedules for the shifts when the injuries happened
- Incident reports and the facility’s internal investigation
- State inspection reports and complaint findings for the facility
- Hospital records from Inova Fairfax Medical Campus or other hospitals where the resident was treated
Families can help by keeping a dated journal of visits, photographing injuries and wounds, and saving messages with staff. If your family member has a roommate or friend at the facility who saw what happened, write down their name.
How our Virginia nursing home abuse lawyers help families
- Free case review. Talk with us by phone or through the form on this page, in English, Korean or Spanish. There is no obligation to hire us.
- Safety first. If your family member is still at the facility, we talk through reporting options and whether a move makes sense.
- Records and review. We obtain the chart and facility records and have qualified medical professionals review the care.
- Identifying who is responsible. We look at the facility, its management company and owners, and any outside staffing agency.
- Resolution or trial. We present the claim to the facility’s insurer and, if needed, file suit in the right Virginia court.
Our office is in Fairfax, near the Fairfax County courts. Families can meet us there by appointment, or we can talk by phone. See our Fairfax office.
