It is hard to imagine that any Assisted Living Facility (ALF) would operate with little or no liability insurance, but they do. Just last year, we handled a case that starkly illustrates this issue. This lack of insurance leaves residents vulnerable to neglect and abuse, with little recourse for justice or compensation. Such unsettling incidents underscore the critical need for regulatory oversight. Fortunately, upcoming changes in Virginia's laws aim to address these gaps, ensuring better protection for our loved ones in these facilities.
A Case of Neglect and Abuse
In this case, the owner and administrator of an ALF displayed egregious conduct when they threw a resident to the ground, attempted to drag her by her hair down the hall, and left her overnight on the floor, instructing staff to disregard her needs. This violent reaction stemmed from the resident’s refusal to eat dinner. The following morning, when emergency medical personnel arrived, the resident was found lying incapacitated and in excruciating pain. She was rushed to the hospital and required surgery for severe orthopedic injuries, subsequently spending time in a skilled nursing facility. In this troubling scenario, I was engaged by the resident's family to pursue a civil claim against the facility for its appalling treatment.
Legal Proceedings and Plea Bargain Concerns
While my role centered on the civil claim, I was appalled to discover a proposed plea bargain that could have reduced the administrator's charges from a felony to a mere misdemeanor. This would have allowed her to return to her position in the facility. Representing the family, I objected, leading to her eventual guilty plea for felony abuse and neglect, effectively barring her from future employment in assisted living.
The Alarming Reality of Insurance Regulations
Despite these legal victories, we faced the unsettling fact that Virginia's regulations do not require ALFs to carry liability insurance. As we sought justice for my client, I realized this specific facility had no coverage whatsoever. Even if we might not recover financially from the owner, I believe she owes a debt to my client for the suffering endured, which included excruciating pain, long recovery, and significant medical expenses.
A Landmark Verdict
Ultimately, we secured a judgment, with my partner, Justin Wolcott, presenting compelling evidence to a conservative Shenandoah Valley jury that awarded our client $1.85 million plus prejudgment interest. Over a year later, we continue our efforts to collect this judgment, reflecting the complexities involved in holding these facilities accountable.
The Importance of Insurance in Assisted Living Facilities
A significant portion of my practice focuses on representing elderly ALF residents and their families throughout Virginia. While I greatly respect most staff working at these facilities, the consequences of negligence can be severe. The hardship faced in cases like ours often highlights deficiencies in the law. Fortunately, change is underway. As of January, all licensed ALFs in Virginia will be required to have some level of liability insurance—small facilities (25 residents or fewer) must carry at least $250,000, while larger facilities (over 150 residents) must secure a minimum of $1 million.
Moving Forward: Protecting Your Loved Ones
This new requirement ensures that the burden does not unjustly fall on victims or taxpayers. Families must ask about insurance coverage before moving a loved one into an ALF. Continuously inquiring about this issue will help ensure that facilities comply with the new regulations. If they lack insurance, it’s likely indicative of deeper systemic problems regarding their care quality.
If you or a loved one has suffered an injury or death as a result of abuse or neglect in a nursing home or an assisted living facility, please contact the legal team at Obenshain Law Group today at (540) 318-7360.