Record Verdict Against Nursing Home Chain

The law in every state can be slighty different.

In one state, you can ask a jury for any amount of money to fix the mistakes made by the defendants.

In other states you can ask the jury for punitive damages, which is not to compensate the loss of the plaintiff, but to punish the company that caused significant injury to their patient.

In some states, prosecutors will criminally prosecute health care providers who are so careless and negligent, and cause permanent injury or death to patients.

Just this week I read about a HUGE case in Florida where a nursing home chain was held liable for the permant injury and death of a patient. The patient fell many times, despite the facility’s duty to protect the patient from falls and injury.

The law in Virginia requires facilities be held responsible when their negligence causes injury or death to a patient.

The law in Virginia does not allow families to seek any of the following remedies: (a) close the facility; (b) require certain staff be fired; (c) require certain training take place in the future; (d) require the facility to apologize or explain what happened, etc.

The only thing the law will require is that negligent nursing homes pay damages… which means money. That money can be for the medical bills incurred because of the negligence, as well as the emotional pain and suffering of the patient OR the patient’s family if the patient died.

So while I read about these huge verdicts in Florida  — I realize that won’t happen in Virginia. What can happen is that facilities are required to take care of patients, and if they fail to do so, if they are negligent and liable, they will be held accountable. Afterall, that is all families want. Accountability.

 

Lauren Ellerman

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.