Virginia

• 2 years. (Va. Code Ann. §8.01-243)
• Medical malpractice – 2 years.  In cases involving minors under age eight, minor has until tenth birthday to file suit.  In cases involving minors age eight and older, suit must be filed within 2 years of the date that the act giving rise to the injury occurred.  In foreign object cases, suit must be filed within 1 year from date that object was or should have been discovered.  No suit may be filed more than 10 years from the date that the object was actually inserted.  A certificate of merit must accompany medical malpractice lawsuits. (Va. Code Ann. §801.230; Va. Code Ann. §8.01-243; Va. Code Ann. §8.01-243.1)

• $1.5 million cap on total damages for acts occurring on or after August 1, 1999.  The maximum recovery limit increased on July 1, 2000, and each July 1 thereafter by $50,000 per year.  The annual increase on July 1, 2007 and July 1, 2008, are $75,000 per year.  The July 1, 2008 is the final increase. (Va. Code Ann. §8.01-581.15)
• Punitive damages – capped at $350,000. (Va. Code Ann. §8.01-38.1)

• 2 years with Discovery Rule. (Va. Code Ann. §8.01-244)

• $1.5 million cap on total damages for acts occurring on or after August 1, 1999.  The maximum recovery limit increased on July 1, 2000, and each July 1 thereafter by $50,000 per year.  The annual increase on July 1, 2007 and July 1, 2008, are $75,000 per year.  The July 1, 2008 is the final increase. (Va. Code Ann. §8.01-581.15)
• Punitive damages – capped at $350,000. (Va. Code Ann. §8.01-38.1)

• Virginia Department of Health
• Adult Protective Services
• Department of Health, The Office of Licensure and Certification, Long Term Care Division
• Long Term Care Ombudsman

• Adult Protective Services – (Va. Code Ann. §§63.2-1604)

• Drug Dealing Nursing Home Worker To Serve 3 Years In Jail

The former assistant director of nursing of a Virginia Nursing Home will serve three years in prison for the illegal distribution and sale of drugs.  Linda Sloan Quick stole the drugs from the Rocky Mount Nursing Home during her tenure there.  The drugs Quick stole were either expired, prescribed for a deceased patient or belonged to a resident who was transferred to another facility.

An anonymous informant tipped off the sheriff's department that a person at the nursing home was selling prescription drugs.  During an investigation at the facility, an informant directed police to Quick.  Undercover police made multiple purchases from Quick during a 90-day period in 2008. 

• Nursing Home Worker Charged With Sexually Assaulting Resident In Virginia Facility

Homer C. Valdez, 35, an employee of Manassas Nursing Home and Rehab has been charged with 'object sexual penetration' of a 72-year-old resident at the facility.  Mr. Valdez's co-workers reported his behavior to police on May 27.

According to officials at Commonwealth Care, the parent company of Manassas, Valdez has been suspended from his position at the facility pending the outcome of the criminal case. Commonwealth Care officials would not reveal how long Valdez had worked at Manassas or the capacity in which he was employed.

• Nursing Home Worker Faces Up To 386 Years In Prison Related To Identity Theft Charges

The report of a Virginia nursing home worked allegedly stealing the identities of nine residents at two facilities to fraudulently obtain credit cards and merchandise raises the issue of how well nursing homes safeguard personal information.  In this particular case, Karen Priscilla Jones was indicted by a federal grand jury on 32 counts-- including 18 counts of aggravated identity theft.  The alleged crimes took place while Jones worked at The Oaks Assisted Living and Avante Assisted Living Facility.

If convicted, Jones faces up to 386 years in prison and $8.5 million in fines.

The following are some great suggestions for reducing incidence of identity theft--old or young-- compiled by the Legal Counsel For The Elderly.

• $29 Million Sought From Nursing Home In Case Involving Molestation Of Comatose Resident

The legal guardians of a a comatose nursing home resident who was molested by a licensed practical nurse at a Virginia facility have filed a nursing home negligence lawsuit against the facility in Norfolk Circuit Court.  The lawsuit alleges officials at Chesapeake Health and Rehabilitation should have known the nurse, Mark S. Albright, was prone to to such behavior.  The lawsuit seeks $29 million in damages.

Police say another nursing home employee reported that Albright put his mouth on the victim's breast. In November, Albright pleaded guilty to aggravated sexual battery.  Currently, he is serving six months in prison.  

• Failure To Conduct Adequate Pre-Employment Criminal Background Search Costs Assisted Living Facilty $750,000

A jury awarded $750,000 to a disabled man who was a resident at Cote De Neige Home for Adults after he was sexually assaulted by a worker at the facility.  The lawsuit was brought against the assisted living facility for their failure to conduct an adequate pre-hiring background search before hiring a certified nursing assistant. 

Junious Boyd Batten, the CNA who was allegedly involved in the sexual assault, currently faces five counts of forcible sodomy, three counts of carnal knowledge and one count of abuse and neglect for incidents that occurred between 2006 and mid-2007 while he was employed by Cote De Neige.