Charleston Nursing Home Neglect Lawyer

Nursing Home Neglect Lawyer In Charleston, WV

One of the most vulnerable things you can do is entrust the care of your loved one to someone else. When people do so with nursing homes, they expect a certain level of compassion and care. Unfortunately, some nursing homes abuse this trust and neglect those they are responsible for. When this happens, the victims and their loved ones can seek justice with the help of a Charleston nursing home neglect lawyer.

Why Choose Us?

At Wooton, Davis, Hussell & Johnson, PLLC, we are aware of the anguish and discomfort that accompany learning that a loved one has been mistreated at a nursing facility. For this reason, we handle each case with empathy, urgency, and dedication to justice.

We consider ourselves dependable champions for vulnerable seniors and their families because of our strong local ties, in-depth understanding of West Virginia elder law, and successful track record. Working with us entails more than just hiring a lawyer. You are acquiring a committed partner who will defend the dignity of your loved one and hold negligent institutions responsible.

What Is Nursing Home Neglect?

Nursing home neglect is a type of elder abuse that happens in nursing homes. It occurs when those entrusted to care for residents in nursing homes fail to deliver the proper standard of care they should. This usually means that they are not providing the basic needs of the residents.

While other crimes, particularly crimes of abuse, focus on the actions of the perpetrators, nursing home neglect often focuses on inaction, such as failure to provide food, hygiene, and medical care.

As of March 2025, West Virginia has 123 nursing homes. Roughly one-third of those homes have been cited with serious deficiencies, and 116 have had infection-related deficiencies.

Common Types of Nursing Home Neglect

Nursing home neglect can take many forms. Some of the most common types of nursing home neglect include:

• Physical neglect. This involves neglecting a resident’s physical care and needs, such as their need for food, bathing, and movement. This can lead to hunger, bedsores, and infections.
• Medical neglect. This involves failing to provide the proper care a resident needs, such as refusing to give them their medication, not calling a doctor when needed, or neglecting to treat injuries.
• Emotional neglect. Emotional neglect involves isolating residents, ignoring their distress, or failing to keep them engaged.
• Basic needs neglect. Basic needs neglect occurs when a staff member does not provide the bare necessities to residents, such as housing, heating, cooling, and other safe living conditions.

Warning Signs of Neglect

If you suspect that your loved one is experiencing nursing home neglect, there are a few signs that you can look for that may point to inattentive behavior. Some things to search for include unexplained physical changes, such as weight loss or bruises.

If their hygiene has changed for the worse or they are showing bedsores, this is a major red flag that neglect may be occurring. If there are signs of dehydration and malnutrition, or your loved one has many unexplained trips to the hospital, this can also be cause for concern.

Beyond physical changes, if you notice your loved one has shown emotional changes, such as being more withdrawn, depressed, or anxious, this can be a sign of disregard. Also, be mindful of any behavioral changes, such as sudden aggression, irritability, fear (especially of certain staff members), changes in sleep patterns, and loss of interest in activities they used to enjoy.

A skilled nursing home should be able to provide you with clear or sufficient answers for any of these signs. If you can’t, you should probe deeper.

The Legal Process in West Virginia

In West Virginia, you typically have two years to file a nursing home neglect claim. This date begins the day the abuse was discovered or should have been discovered.

The Kanawha County Courthouse, 409 Virginia Street East, Charleston, is where claims can be filed. Civil litigation, such as situations involving elder abuse and personal injuries, is handled at this courthouse. The West Virginia Attorney General’s Office and local law enforcement may also look into any criminal activity.

FAQs

Q: How Do You Prove Negligence in a Nursing Home?

A: In order to establish negligence in a nursing home, you must demonstrate that the establishment or its employees had an obligation to provide appropriate care, failed to do so, and caused harm as a result. This requires demonstrating that the resident’s injuries, illness, or emotional anguish were directly caused by the neglect, which was not only present but also avoidable.

Q: What Evidence Is Needed for a Successful Nursing Home Claim?

A: For a nursing home claim to be successful, it usually has to include medical records, photos of injuries, staff reports, witness statements, and documentation of facility breaches. It is also possible to verify that the standard of care was violated by using testimonials from medical professionals. The claim can be strengthened, and a timeline of neglect can be established with the use of family records or journals regarding the resident’s condition.

Q: How Long Does a Nursing Home Neglect Case Take?

A: The length of a nursing home neglect case depends on the specific circumstances of the case. Factors that contribute to the timeline include the complexity of the case, the willingness of the nursing home facility to participate, and the current caseload of the court. If a case includes multiple victims with multiple injuries, this can take longer than a single case with one victim.

Q: How Successful Are Nursing Home Claims?

A: Nursing home claims can be successful, especially if there is sufficient evidence to back all claims and strong legal representation. Many cases are settled outside of court. A case’s likelihood of success is frequently influenced by the quality of the evidence, the witnesses’ testimony, and the lawyer’s experience in handling such cases. Many families receive compensation for the pain caused.

Contact Wooton, Davis, Hussell & Johnson, PLLC, Today

If your loved one has experienced nursing home neglect, Wooton, Davis, Hussell & Johnson, PLLC, can help you get the justice they deserve. Contact us today to get started.