Is your Virginia nursing home insured?
It comes as a surprise to most everyone, but until recently there was no requirement for nursing homes to have insurance. In fact many nursing homes in Virginia did not have adequate malpractice insurance. Patients and families would learn this only after a tragic injury.
In one of the most tragic cases I ever handled, a 22 year old girl with cerebral palsy died in a nursing home due to her caregivers sleeping on the job and not admiinistering her breathing treatment. The nursing home claimed to have only $50,000 in insurance coverage. We were fortunate to find other insurance available to her, but it struck me that there was a serious problem in Virginia.
After sharing this story with member of the Virginia General Assembly and three years of negotiations, this problem should be resolved this year. A new law requires the Virginia Department of Health to implement regulations requiring nursing homes to maintain insurance that I believe will adequate protect most patients.
If you have any questions about this new nursing home law, please feel free to contact me.