Resident-on-Resident Assault in Virginia Nursing Homes: Who Is Liable?

Resident-on-resident assault and nursing home abuse are on the rise in nursing homes throughout Virginia. Victims of such assault are often residents who are incapable of defending themselves in such a situation. Warning signs that your family member or loved one has been a victim of assault may include bruises, abrasions, cuts, sprains, or dislocations. You may even notice a change in your loved one's emotional state, including increased agitation, anxiety, depression, or withdrawal. While these warning signs are, at times, difficult to notice, they should be considered serious. But who is liable when your loved one becomes a victim of resident-on-resident assault in a nursing home in Virginia?

The Federal Nursing Home Reform Act sets a minimum standard of care for nursing homes participating in federal Medicare and Medicaid programs, including those in Virginia. The nursing home has an obligation to keep your family member or loved one safe, free from abuse and mistreatment. Nursing home staff members are responsible for the care and supervision of residents 24 hours a day, seven days a week. A nursing home may be held liable if it has not taken the proper precautions to prevent resident-on-resident assault.

Unfortunately there are many elderly victims of assault in nursing homes who do not have the ability to speak for themselves. We believe that victims have a right to be heard. Contact Michael S. Weisberg, an experienced Virginia nursing home abuse attorney, at (800) 690-0235. Take action by calling today.