West Virginia Nursing Home Neglect Lawyer

Nursing Home Neglect Lawyer In West Virginia

It can be difficult to trust the care of your elder loved one into the hands of a nursing home facility. It can be even more difficult when the facility betrays that trust. While many nursing homes provide adequate care, there are many that have neglected their residents. If your loved one has experienced nursing home neglect, a West Virginia nursing home neglect lawyer can help you receive the justice your family deserves.

Choosing an Attorney You Can Trust

At Wooton, Davis, Hussell & Johnson, PLLC, we understand how serious and emotional having a loved one experience nursing home neglect can be. We handle each case with the care and attention it deserves. With knowledge and experience in West Virginia elder abuse law, we can inform you of your options and fight for you and your loved one’s rights so justice is served.

Understanding Nursing Home Neglect

Nursing home neglect occurs when an entrusted nursing home employee does not provide the required standard of care to a resident. While other crimes typically focus on the criminal act itself, nursing home neglect may focus on refraining from performing certain tasks. For example, nursing home abuse can look like:

• Failing to bathe a resident
• Refusing to feed a resident
• Not offering proper medical care, such as administering medication, calling doctors when needed, or tending to injuries in a timely fashion
• Not providing basic needs such as heating, cooling, movement, or other conditions needed for comfortable living

Neglect can be physical, mental, emotional, or medical. Nursing home neglect is a form of abuse and can result in bedsores, injuries, emotional distress, and medical issues.

Signs of Nursing Home Neglect

There are 123 nursing facilities in West Virginia. Forty of them have been noted with serious deficiencies, while more than 100 have been cited for infection-related deficiencies. It can be important to research nursing homes in your area before you decide on one for the care of your family member.

While it is not always immediately obvious that a loved one may have experienced neglect, there are signs you can look for that may point to neglectful activity. Some of these signs include:

• Malnutrition
• Sudden loss of interest in things they once found interesting
• Retreating/not wanting to engage with others
• Isolation
• Fear, especially for staff members
• Unexplained bruises
• Bedsores
• Dehydration
• Weight loss
• Poor personal hygiene
• Multiple trips to the doctor or emergency room

Additionally, if the nursing home staff is vague, dismissive, or unresponsive to your inquiries about any of the aforementioned signs, this can also point to neglect. You may want to start documenting what you and your loved one are experiencing. In order to guarantee that safety precautions are taken and that the institution is held to appropriate standards going forward, families can also collaborate with organizations like Adult Protective Services and the Long-Term Care Ombudsman.

What a West Virginia Nursing Home Neglect Lawyer Can Do

A West Virginia nursing home neglect lawyer can be a huge advocate for you and your family in cases of neglect. Their main priority is to get justice for you and your loved one. A lawyer can make sure the nursing home is held responsible for any wrongdoing.

The attorneys typically begin by investigating the case. This can happen by gathering the necessary evidence needed to strengthen claims of neglect. Evidence includes medical records, eyewitness statements, facility reports, photographs of injuries, and statements from nursing home staff.

They can spot violations and hold facilities responsible since they are knowledgeable about both West Virginia and federal elder care rules. A competent attorney defends the victim’s rights, whether in negotiating a just settlement or taking the case to trial. If the case proceeds to trial, an attorney can help file a claim at the local courthouse, such as the Kanawha County Courthouse located at 409 Virginia Street East in Charleston.

FAQs

Q: How Do You Hold a Nursing Home Accountable?

A: To hold a nursing home accountable, you may file a legal complaint if there is evidence of neglect or abuse in a nursing home. To establish misconduct, the process entails obtaining records, witness accounts, and professional opinions. The institution may be subject to investigations and possible fines if the incident is reported to regulatory bodies like the state’s health department or Adult Protective Services.

Q: Can a Nurse File a Claim Against a Nursing Home?

A: Yes, a nurse can file a neglect claim against a nursing home by reporting suspected neglect to West Virginia’s Adult Protective Services (APS) or the Long-Term Care Ombudsman, especially if they witness inadequate care harming residents. As a mandatory reporter under West Virginia law, nurses are legally obligated to report abuse or neglect, and they can do so anonymously to protect their identity.

Q: What Is the Biggest Complaint in Nursing Homes?

A: One of the most common complaints in nursing homes is neglect. This is especially connected to poor hygiene and insufficient staffing. Problems, including dirty surroundings, postponed medical attention, inadequate diet, and emotional isolation, are frequently brought up by families and residents. The health, safety, and general quality of life of the citizens may be significantly impacted by the systemic issues shown in these complaints.

Q: Can You File a Claim Against a Nursing Home If Your Loved One Falls?

A: Yes, you may be able to file a claim against a nursing home if your loved one falls due to negligence. Facilities are in charge of establishing a secure atmosphere and putting fall prevention strategies into place, particularly for individuals who pose a high risk. The nursing home may be held legally responsible for any injuries that result from a fall that happens as a consequence of staff members’ failure to supervise, help, or follow safety procedures.

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

Finding out your loved one has experienced neglect in a nursing home can be emotionally challenging. If your loved one has suffered from nursing home neglect, Wooton, Davis, Hussell & Johnson, PLLC, can help you get the justice they deserve. Contact us today to get started.