Liability of Virginia Assisted Living Facilities By Josh Silverman on August 03, 2013

Emeritus is one of the largest operators of Virginia assisted living facilities.  If you want to learn more about their particular operations, you should watch PBS Frontline series on assisted living facilities.  The problems described in Frontline are not limited to Emeritus.  They extend throughout assisted living facilities in Virginia and the country.  Most of the facilities are for-profit and profits are increased by staffing shortages to keep labor costs down.  Unfortunately, insufficient staff almost always leads to poor care and personal injuries. 

Assisted living facilities differ from nursing homes in multiple respects.  First, they are not subject to strict federal regulations.  Most of the regulations come from Virginia Department of Social Services.  Secondly, they are not considered health care providers under Virginia law.  They often employee nurses, but if nursing care is required they should not accept the resident.  Thirdly, they are not subject to Virginia's medical malpractice act. Va. Code Ann. Sec. 8.01-581.1 et. seq. That's a mixed bag.  On the one hand that means that their liability is not limited to Virginia's medical malpractice cap.  However, assisted living facilities often defend their poor care by arguing that they should not be held to the standards of health care providers.  In my experience, that defense rarely works.  Everyone can understand that an assisted living facility should not accept payment from a resident if it is ill equipped to provide adequate care. 

These are some of the more common causes of personal injuries and wrongful death at Virginia assisted living facilities:

  • Fall injuries (fractures and head injuries)
  • Medication errors (giving the resident the wrong medication or at the wrong dosage)
  • Resident wandering out of the facility
  • Dangerous conditions like inadequate heat
  • Pressure ulcers (an assisted living facility should not admit or keep a resident with a serious pressure ulcer)

If you would like more information about Virginia nursing home and assisted living facilities, I've devoted a section of my website to Virginia nursing homes and Virginia assisted living facilities. Of course you can always call us at (804) 325-4992.

Related to This

Josh Silverman

Silverman Law Firm LC

At the Silverman Law Firm LC in Richmond, VA, attorney Josh Silverman and his team represent victims of personal injuries and medical malpractice. Josh Silverman has been recognized as a "Virginia Super Lawyer" every year since 2013 and was selected as a 2015 Top Rated Lawyer in Healthcare Law based on his AV Peer Review Rating in Martindale-Hubbell©.

We are available to provide individualized representation in a variety of practice areas, including:

To request a consultation at our firm, please fill out our online form or call (804) 325-4992.

How Can We Help? Today

"By opening the Silverman Law Firm, I am able to carefully select cases where I can provide clients my undivided, individualized attention." Joshua D. Silverman

Rate, Review & Explore

Social Accounts Sprite
Google map image of our location in 3415 Floyd Ave  Richmond, VA

Silverman Law Firm LC

3415 Floyd Ave
Richmond, VA 23221

Open Today 9:00am - 5:00pm

What is the best time for you?

Add additional time

Tell us a bit about yourself...

(804) 325-4992 Send a message