Visitor Question

Mother had stage 4 bedsore from substandard nursing home care…

Submitted By: Anonymous (Norfolk, VA)

My mother was admitted into a nursing home in 2009, for the family could no longer take care of her. She entered the facility with no sores. In less than 2 months, she had a stage 4 bedsore.

We were initially informed that she had signs of one starting, but it wasn’t until a nurse pulled me aside and told me quietly that my mother should go to the hospital. Her room also had a horrible odor. Eventually, she was septic and always in pain.

The most crazy part is that the social worker at the hospital wanted to send my mother back to the original facility. Fortunately, a different nursing home took her in and did a better job with her care. My mom passed in 2012 with a wound that you could put your fist into.

Unfortunately, it isn’t until now that I am so furious with myself and my family for just letting this go. What is the statue of limitation in VA for filing a lawsuit against a nursing home for abuse? Is there anything else I can do? Thank you for any information you can provide.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

Unfortunately, the statute of limitation in the State of Virginia for personal injuries is two (2) years. The statute of limitations is the time period in which a victim must either settle his or her personal injury claim or file a lawsuit.

If an injury claim is not settled, or a lawsuit filed within two (2) years from the date of an injury (caused by a third party’s negligence), the victim loses his or her legal right to pursue the negligent party for compensation.

Learn more about statute of limitations laws here.

You can read Virginia’s Statute of Limitations for personal injuries here.

Unfortunately, because the statute of limitations has expired, your mother’s estate is almost certainly prohibited from pursuing a negligence claim against the owner of the nursing home.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 28, 2016

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