Charleston, WV Nursing Home Abuse Lawyer

Nursing home abuse is a grave issue that affects some of the most vulnerable members of our society—elderly nursing home residents. For families, the realization that a loved one has suffered abuse occurred in a place meant to ensure their well-being is devastating.

Seeking the guidance of an experienced Charleston, WV, nursing home abuse lawyer is essential for protecting your loved one’s rights and holding responsible parties accountable. Legal professionals can investigate the circumstances, build a strong nursing home abuse case, and help families recover compensation for medical expenses, pain, and suffering.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to helping victims of nursing home abuse obtain maximum compensation. Our West Virginia nursing home abuse attorneys have a strong history of handling such cases with care and achieving meaningful settlements and verdicts for injured victims and their families.

Our law firm conducts in-depth investigations into each case, focusing on all aspects of the abuse, including medical bills, emotional trauma, and other damages suffered. With our extensive knowledge of nursing home abuse claims, we are relentless in our efforts to protect your rights and hold negligent parties accountable.

Throughout the process, we provide compassionate guidance and open communication, ensuring you and your loved ones are informed and supported every step of the way. Our priority is to help you feel secure and confident as we work toward achieving justice for your elderly family member.

Types of Cases Handled by Our Charleston Nursing Home Abuse Lawyers

Nursing home abuse occurs when residents experience harm due to mistreatment, neglect, or exploitation in a nursing facility. Abuse can take many forms, ranging from intentional acts of violence to failures in providing proper care. 

These actions, or lack thereof, can cause physical injuries, emotional suffering, or financial loss and may even lead to wrongful death claims. Our experienced nursing home abuse lawyers handle a wide range of cases to protect residents and hold facilities accountable, including:

Physical Abuse

Physical elderly abuse involves the intentional infliction of harm on a nursing home resident. Examples include hitting, slapping, or inappropriate use of physical restraints.

Mental and Emotional Abuse

Mental and emotional abuse harms the psychological well-being of residents through verbal attacks, threats, or humiliation.

Sexual Abuse

Sexual abuse in nursing homes involves any unwanted or inappropriate sexual activity. Elderly nursing home residents, particularly those with cognitive impairments, are especially vulnerable.

Medical Malpractice

Medical malpractice in a nursing home facility occurs when caregivers or medical professionals fail to meet the standard of care, leading to harm. Examples include improper treatment of bed sores, medication errors, or ignoring symptoms of serious health conditions.

Negligence

Nursing home negligence happens when a facility fails to meet a resident’s basic needs. Common failures include poor hygiene, malnutrition, dehydration, or allowing residents to wander unsupervised (elopement).

Financial Abuse

Financial abuse involves exploiting a resident’s assets or funds. This abuse may include stealing money, forging signatures, or coercing residents to modify wills or other financial documents.

Wrongful Death

When nursing home abuse or neglect leads to a resident’s untimely death, it is considered wrongful death. These cases often involve severe neglect, such as untreated infections or malnutrition, or intentional harm, such as physical assault. Families may pursue a wrongful death claim to hold the facility accountable and seek justice and compensation for their loss.

Understanding Your Legal Rights

Federal and state laws protect nursing home residents in West Virginia, ensuring their safety, dignity, and access to proper care. 

These laws set strict standards for nursing home facilities and provide legal recourse when residents experience nursing home abuse or neglect. Knowing these rights can empower families to take action if a loved one suffers mistreatment.

Federal Protections: Nursing Home Reform Act of 1987

The Nursing Home Reform Act of 1987 is a key federal law establishing residents’ rights in nursing homes and assisted living facilities. Under this law, residents are entitled to:

• Safe and respectful treatment: Residents must live in an environment free from physical abuse, sexual abuse, and neglect.
• Adequate care: Facilities must provide proper medical treatment, maintain personal hygiene, and meet residents’ nutritional needs.
• Participation in care decisions: Residents have the right to be involved in decisions regarding their care and medical treatment.
• Freedom from restraints: Physical or chemical restraints cannot be used unless medically necessary.

Violations of these rights may form the basis of a nursing home abuse case, holding the facility or its staff members accountable.

State-Specific Protections

State laws and regulations enforce additional protections in West Virginia. The West Virginia Department of Health and Human Resources oversees nursing home facilities, ensuring compliance with safety and care standards. Families can also report abuse to Adult Protective Services (APS) or local law enforcement for investigation.

Eligibility to File a Claim 

If nursing home abuse or neglect has occurred, several parties may have the legal right to file a claim:

• The nursing home residents, if they are capable of understanding and pursuing the claim;
• A legal guardian or representative, such as someone with power of attorney, acting on the resident’s behalf;
• Family members, particularly in cases involving wrongful death claims, severe harm, or when the residents cannot advocate for themselves.

Liability in Nursing Home Neglect and Abuse Cases 

Multiple parties may be held responsible for harm caused to nursing home residents in cases of abuse or neglect. Liability can extend beyond individual caregivers to the assisted living facility, management, corporate ownership, and even third-party contractors. 

Identifying all responsible parties ensures victims and their family members receive full compensation for the harm they have suffered.

Caregivers and Staff Members

Staff members are often the first line of responsibility in nursing home abuse lawsuits. Examples of their liability include acts of physical abuse, such as hitting or improperly restraining residents, as well as neglecting basic needs like hygiene or mobility assistance. Their actions or inactions can lead to severe injuries, emotional distress, or medical expenses.

Nursing Home Management

Management teams are responsible for overseeing the daily operations of the facility and ensuring a safe environment for residents. They may be held liable for:

• Negligent hiring practices, such as employing unqualified or undertrained caregivers
• Failing to address suspected abuse or complaints of mistreatment
• Allowing unsafe or unsanitary conditions to persist in the facility

Corporate Ownership

Often, nursing homes are part of larger corporations. Corporate owners may be liable for cost-cutting measures, such as understaffing or inadequate caregiver training, that contribute to nursing home neglect or poor treatment.

Medical Providers

Healthcare professionals who provide inadequate medical care or make critical errors can also be held accountable under medical malpractice laws. Examples include failing to treat bed sores, administering the wrong medication, or ignoring signs of infection or malnutrition.

Third-Party Contractors

Some nursing facilities outsource services like security, cleaning, or medical care to third-party contractors. If these contractors act negligently—such as failing to maintain safety protocols or mishandling medications—they may share liability for the resulting harm.

How Our Charleston Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, we are dedicated to helping families hold nursing homes accountable when their negligence or abuse harms residents. With extensive experience handling nursing home abuse cases, our nursing home abuse attorneys understand the emotional and financial toll these situations take on families. 

Here’s how we can help:

Free Case Evaluation

We offer a free consultation to review your case and discuss your legal options. During this evaluation, a nursing home abuse attorney will listen to your concerns, analyze the details of the suspected abuse, and provide an honest assessment of the potential for compensation. This free case review ensures you are informed and confident as you move forward.

Case Investigation

Our nursing home abuse attorneys conduct a thorough investigation into the circumstances of your case. The process includes gathering critical evidence such as medical records, witness statements, and facility reports. We look for patterns of nursing home negligence, improper care, or intentional harm to build a strong case on your loved one’s behalf.

Filing the Claim

Once we have the evidence needed to support your claim, our nursing home abuse lawyers will file a nursing home abuse lawsuit or wrongful death claim, depending on the situation. We handle all legal documentation and filings, ensuring compliance with West Virginia’s laws and deadlines. 

By identifying all liable parties, from individual caregivers to corporate owners, we work to maximize your compensation.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement negotiations. Our nursing home abuse lawyers are skilled negotiators who fiercely advocate for your loved family member to secure fair compensation. This settlement covers medical bills, emotional suffering, and any other damages resulting from the abuse or neglect.

Trial Representation

If a fair settlement cannot be reached, our attorneys are fully prepared to represent you in court. We will present compelling evidence and arguments to hold responsible parties accountable. Our goal is to achieve the justice your loved one deserves, whether through a favorable settlement or a trial verdict. 

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 16 Medicare-certified nursing homes in Charleston, but a significant portion of these facilities fail to meet acceptable care standards. 63% of nursing homes have an overall rating of below average or much below average, highlighting widespread concerns about the quality of care provided.

Health inspection results show that 56% of facilities rated poorly, suggesting ongoing issues with compliance and safety. Staffing levels are another critical concern, with 50% of nursing homes falling short in this category, indicating potential challenges in providing sufficient care to residents. 

Similarly, 56% of facilities received below-average ratings for quality measures, which assess how well facilities address residents’ medical care and basic needs. [1]

The worst-rated nursing homes in Charleston include:

Recognizing the signs of elder abuse in nursing homes is crucial for protecting vulnerable residents. Abuse or neglect can take many forms, and family members should remain vigilant for indicators that their loved one may be suffering.

• Unexplained injuries: Bruises, cuts, burns, or broken bones without a clear explanation may indicate physical abuse.
• Bed sores: Pressure ulcers, especially in areas like the back, hips, or heels, often result from neglect, such as failing to reposition residents regularly.
• Poor hygiene: Dirty clothing, unwashed hair, or strong odors may suggest nursing home neglect in providing primary care.
• Weight loss or dehydration: Malnutrition, dehydration, or sudden weight changes can signal neglect, such as not providing sufficient food or fluids.
• Behavioral changes: A once-outgoing nursing home resident who becomes withdrawn, fearful, or unusually irritable may be experiencing emotional abuse or sexual abuse.
• Unattended medical needs: Delayed or missed medical treatments, worsening of existing conditions, or medication errors are signs of neglect or medical malpractice.
• Financial irregularities: Missing funds, unusual bank activity, or unexplained changes to wills or powers of attorney could point to financial abuse.

What to Do If You Suspect Nursing Home Abuse

If you suspect nursing home abuse, taking swift action is critical to ensure your loved one’s safety and hold the responsible parties accountable. Here are the key steps you should take:

Call 911 if Your Loved One is in Immediate Danger

If you believe your loved one is at risk of serious harm or requires urgent medical attention, contact emergency services immediately. Law enforcement and medical professionals can intervene to secure your loved one’s safety.

Report to the Nursing Home Administrator or Management

Notify the facility’s administrator or management team about your concerns. Nursing homes are legally required to investigate allegations of abuse and take corrective action. Document your complaint and any responses from the facility for future reference.

File a Complaint with Your Local Ombudsman’s Office

Contact your area’s Ombudsman to report suspected abuse. Ombudsmen advocate for nursing home residents and work to resolve issues related to care, safety, and residents’ rights. They can investigate your complaint and ensure the facility addresses the concerns.

Contact a Nursing Home Abuse Lawyer

Consult an experienced Charleston nursing home abuse attorney to protect your loved one’s rights and pursue legal action against the facility if necessary. A skilled attorney can guide you through the legal process, gather evidence, and file a nursing home abuse lawsuit to seek compensation for your loved one’s injuries and suffering.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse and their families have the right to pursue compensation for the harm caused by nursing home negligence. These are:

Economic Damages

Economic damages help cover the tangible costs of addressing the harm caused by the facility’s wrongful conduct. Examples include:

• Medical expenses, such as hospital bills, treatment for bed sores, physical therapy, or other necessary medical care
• Costs associated with relocating to a safer nursing home facility or hiring in-home care
• Loss of personal assets or funds in cases of financial abuse

Non-Economic Damages

Non-economic damages acknowledge the profound emotional and psychological impact that elder abuse can have on victims and their families. These include:

• Emotional distress or trauma caused by physical abuse, mental abuse, or neglect
• Pain and suffering endured as a result of physical injuries, such as broken bones or prolonged neglect
• Loss of dignity, reduced quality of life, or lasting psychological effects from the abuse

Punitive Damages

Punitive damages are awarded in cases of particularly egregious or intentional abuse or neglect. These damages are intended to punish the responsible parties and deter similar misconduct in the future.

Wrongful Death Damages

If the abuse or neglect results in the resident’s untimely death, a family member or legal representative may pursue a wrongful death lawsuit. In these cases, damages compensate for the loss of companionship, emotional support, and guidance provided by the deceased.

The Cost of Hiring a Charleston Nursing Home Abuse Lawyer

Our law firm understands that families dealing with nursing home abuse often face financial and emotional burdens. To make legal representation accessible, we operate on a contingency fee basis. This arrangement means there are no upfront costs or out-of-pocket expenses to hire our firm.

We only get paid if we successfully recover compensation for your case, whether through a settlement or trial verdict. This approach ensures that you can focus on your loved one’s well-being while we handle the legal process.

Contact a Charleston Nursing Home Abuse Attorney Today!

Nursing Home Law Center is dedicated to helping victims of nursing home abuse and their families hold nursing homes accountable for neglect and mistreatment. With extensive experience handling nursing home abuse cases in Charleston and throughout West Virginia, our attorneys understand the emotional and financial challenges these situations create. 

If your elderly loved one has been harmed in an assisted living facility, don’t wait to take action. Call us at (800) 926-7565 or fill out our contact form to book a free consultation with a nursing home abuse attorney.

References: [1] Medicare