Young man helps elderly woman walk with a walker during COVID-19

This Is Who Can File a Lawsuit for Nursing Home Negligence in Virginia

Nursing home abuse is a serious issue in the United States. According to the National Center on Elder Abuse, at least 10% of all elders admitted to nursing homes suffer abuse at some point. This includes the following forms of abuse:

  • Physical
  • Psychological
  • Verbal
  • Sexual
  • Financial
  • Neglect

Oftentimes, with regard to nursing homes, neglect is listed separately from abuse. Make no mistake, neglect is abuse.

While it can be frustrating, not just anyone is allowed to file a lawsuit for nursing home abuse against an elder. Only certain people in relation to the elder have the right to file suit.

Here’s what you should know about who may file suit for nursing home abuse in Virginia:

Who Can File

The only people who are allowed to file a lawsuit for nursing home negligence are:

  • The elder who is enduring abuse
    • Depending on the patient’s mental condition
  • Certain family members of the elder enduring abuse — If you think your family member is being abused or neglected, give us a call and we can help you determine if you are in a position to file a suit on behalf of your loved one.

Seniors Are at a Heightened Risk of Abuse

Certain vulnerable elder populations are more susceptible to, and thus, more likely to sustain nursing home abuse, including:

  • Women
  • Patients with cognitive difficulties
  • Patients with behavioral challenges
  • Older patients aged 85 and above

According to some studies, 43% of all people who turned 65 in 1990 or later will need to stay in a nursing home at some point in their lives. Of those people who end up in nursing homes, 55% of them are expected to stay for at least one year.

If your loved one is being abused or neglected in a nursing home, our lawyers at Obenshain Law Group can help you seek the justice your loved one deserves. Give us a call at (540) 318-7360 or fill out an online contact form.


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