Virginia Medical Malpractice Blog - Williamson & Lavecchia, L.C.

Virginia Ranks No. 2 in Nation in Assisted Living Facility Beds

Virginia ranks second in the nation in the number of assisted living facility beds per capita according to a recent study published in Health Affairs.  In general that is good news.  Assisted living facilities provide an important bridge for people who need assistance with meals, bathing, and other activities, but do not need to be in a nursing home.  An assisted living facility should provide a clean secure environment with a caring staff that assists residents with meals, social activities, medications, bathing, etc. while preserving their independence.

The reality is that there are too many assisted living facilities that are inadequate and neglect their residents.  Examples including inadequate heat, poorly maintained buildings, and unqualified staff.  Much of the problem stems for the lack of regulations.  While nursing homes are heavily regulated, assisted living facilities largely go unchecked by the government.  That means when something goes wrong, filing a complaint with the Department of Social Services may not lead to changes at the facility to protect the residents. 

Your options when a resident is injured or tragically killed by neglect at an assisted living facility go beyond filing a complaint (which you can do).  Pursuing a civil claim for damages sends a compelling message to assisted living facilities that poor care will not be tolerated.  It gives the facility a financial incentive to provide quality care to avoid future lawsuits.  In Virginia you may recover for actual injury to the resident which is called compensatory damages.  There is no cap on the amount of compensatory damages that may be recovered against an assisted living facility.  If the assisted living facility acted recklessly or willfully you may be able to recover punitive damages to punish the facility and to deter poor care in the future.  Punitive damages are capped at $350,000 in Virginia.

If you believe that a loved one has been injured or killed due to neglect at an assisted living facility, please call us at (804) 288-1661 or click here to contact us by email for a free consultation.