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West Virginia Nursing Home Abuse Lawyer

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Throughout the United States, nursing home abuse has become an issue of national concern. The National Center on Elderly Abuse shows that only 15 percent of all cases involving physical abuse are reported every year.

There were over 5,900,000 actual cases of elderly abuse in 2010, so it is disheartening to consider the numerous cases of physical abuse, neglect or exploitation that went unreported in that year.

If you feel that your loved one may be in an abusive situation, you should speak up and not allow his or her case to go unreported.

Attorneys for Abuse and Neglect in West Virginia

According to information managed by Medicare, there are currently 124 elder care homes rated in West Virginia (WV) that are regularly monitored through surveys, investigations and inspections.

The federal agency found serious violations and deficiencies at fifty-two (42%) of these West Virginia nursing facilities. This is a deficiency rate far above the national average.

West Virginia Nursing Home Abuse Lawyer

Legal Help for Families of Nursing Home Abuse Residents

Was your loved one injured, abused, mistreated, or did they die unexpectedly from neglect after living in a West Virginia elder home?

If so, we invite you to contact the West Virginia nursing home abuse & neglect attorneys at Nursing Home Law Center today.

Let us begin processing your claim for compensation during your free case review to ensure your family receives the monetary recovery they deserve.

The Average West Virginia Long Term Care Facility Has a Poor Record

A University of California-San Francisco research study tracked nursing home abuse patterns of West Virginia nursing homes for 2008, and the results are startling.

The research study indicated that over 40 percent of elder homes were unable to maintain a safe environment.

Over 54 percent of elder care homes had serious issues with food sanitation, as well as maintaining a high quality of care and developing comprehensive care plans.

Nursing Home Negligence Attorney West Virginia

Bed Sores Are Also Nursing Home Neglect

Families should also be concerned about whether a loved one is developing bedsores, as statistics also show that patients in over 19 percent of West Virginia nursing homes were at risk for developing bedsores.

If your loved one has already developed bedsores as a result of inadequate care or attention, then a nursing home abuse lawyer may be able to assist you with your case.

West Virginia and Federal Nursing Home Laws

There are strict West Virginia nursing home laws in place to protect elderly people in nursing homes.

The Adult Protective Services Act is the governing source of authority for nursing homes in the state. The Nursing Home Reform Act of 1987 is a federal law that also clearly states the many rights that nursing home residents have.

Under the Nursing Home Reform Act of 1987, elderly people have the right to receive the medical care that they require, to be treated with respect and dignity, to be free from physical or chemical restraints and to be free from abuse, exploitation or neglect.

What to Do When You Suspect Nursing Home Abuse and Neglect

When families suspect that a loved one is the victim of abuse, then they may file reports of abuse with the West Virginia Department of Health and Human Services, Adult Protective Services or the Bureau of Senior Services.

Even if the report is filed at the long term care facility, they must report it to the relevant state agency within a very immediate time frame.

West Virginia Nursing Home Abuse Attorney

Statute of Limitations and Damage Caps in West Virginia

In West Virginia, there is only a limited period of time in which families may file a negligence or wrongful death claim on behalf of a loved one.

For a negligence claim, you only have a period of two years to file a claim within discovery of the injury. The noneconomic damages for a malpractice claim are limited to $250,000 for each occurrence.

There is a cap of $500,000 for all of the injuries that loved ones have suffered. These figures have incremental increases based on the cost of living and are subject to increases from the legislature. There is no cap on economic damages in WV.

A wrongful death claim may be filed within two years of the date of death of an individual. The noneconomic damages for medical malpractice are limited to $250,000 for each occurrence of negligence that impacted a loved one.

There is a cap of $500,000 for injuries that involved serious deformities, the loss of use of a limb or other permanent physical injuries.

Nursing Home Abuse Attorneys West Virginia

The Signs of Abuse and Victimization in Nursing Homes

There are certain signs that can alert family members that a loved one is being subjected to nursing home abuse and victimization.

The following are signs of abuse and victimization:

  • Inability to speak around others, especially nursing home workers
  • Depression, anxiety and sleeplessness
  • Physical abrasions, scratches and bruises
  • Desires to be isolated from their family and friends
  • Denial of abuse or victimization
  • Torn or stained clothing
  • Unexplained bleeding
  • Broken bones
  • Signs of restraint, such as red markings on the wrist
  • Nursing home workers refuse to allow the victim to be alone with family members

West Virginia Nursing Home Abuse attorney

Call Our West Virginia Nursing Home Abuse Lawyers for a Free Consultation

When a loved one is being subjected to this type of abuse, it is important to call nursing home lawyers for help.
West Virginia nursing home abuse lawyers can help you to deal with nursing home abuse and end the abuse or neglect of a loved one.
Our nursing home abuse lawyers are waiting to help families throughout West Virginia in areas such as:
Talk to our West Virginia elder abuse lawyers to schedule an initial consultation today.

West Virginia Nursing Home Abuse Lawyers Serving Victims of Bed Sores, Pressure Sores & Decubitus Ulcers

Most elder care facilities in West Virginia are filled to capacity. This is because the average age of Americans continues to rise as more individuals are living in their retirement years.

Because of that, there has been a significant increase in the demand for quality health caregivers. As a result, there are far less properly trained nurses and nurse aides to meet the increasing need.

Many nursing facilities throughout the state of West Virginia have been cited by the CMS (Centers for Medicare and Medicaid Services) for negligence, abuse or inattention to patients under their care.

Even with the citations, much of the negligence and abuse continues, where patients are victimized in various ways.
Without proper monitoring due to unskilled caregivers or minimal staffing, many nursing home residents develop pressure ulcers that are often so severe that the quality of their lives are substantially diminished.

West Virginia Nursing Home Negligence Lawyer

Call Us for a Free Consultation With an Experienced Nursing Home Abuse Lawyer

Through constant monitoring, the nursing staff members can ensure that every mobility-challenged patient bound to a wheelchair or bedridden is provided special care that includes:

  • Quality nutritional food
  • Proper hydration
  • Routine repositioning
  • Daily skin inspections
  • Pressure-relieving padding and bedding materials

When the above basic necessities to high-risk patients are disregarded, and the resident develops a bedsore, the caregiving staff can be held legally liable for their negligence. Call us at (800) 726-9565.

West Virginia Nursing Home Abuse & Neglect Lawyers

Frequently Asked Questions About Lawsuits Against Care Facilities

Here are the answers to some commonly asked questions that people ask about nursing home neglect or abuse cases.

We recognize that these questions may give rise to other questions, so we invite you to contact us for a free consultation with a seasoned nursing home abuse lawyer.

How Can Your Law Firm Help Me Protect the Legal Rights of My Elderly Loved One?

If you spot signs of nursing home abuse such as sudden weight loss, or even signs of sexual abuse, we can help you bring this to the attention of the right authorities.

Our law firm has years of experience helping families, and we can help file a lawsuit seeking compensation for what was done to your abused or neglected family member. Contact us to start receiving legal advice.

What Compensation Is Available to a Victim of Nursing Home Abuse or Neglect?

It is hard to say what the average nursing home abuse lawsuit is worth. The nursing home must put you in the same position as if nothing happened to your family member.

While nothing can restore their health or bring them back in a wrongful death case, the damage will be expressed in terms of a dollar amount.

In your case, most of the damage award would be for things such as pain and suffering and emotional distress. You may also receive wrongful death damages.

Why Should I File a Nursing Home Neglect Lawsuit?

Nursing homes should not be allowed to get away with the damage that their administrators and staff members have caused.

First, it is only right for the facility to have to pay for the harm done to nursing home residents. Second, obtaining a verdict or settlement from the nursing home could give you the feeling that you got justice.

Legal Advice and Help for Families Throughout West Virginia

Our professionals provide their services in cities through West Virginia including:

  • Charleston WV
  • Huntington
  • Parkersburg
  • Wheeling
  • Morgantown

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Fill in the contact form here to speak with a reputable West Virginia lawyer listed below. These experienced law firms can accept your case on contingency to help you avoid paying any upfront fees.

Your attorney can file a claim demanding financial compensation for the pain, suffering and losses your loved one has endured because of the negligence caused by an irresponsible caregiving staff.

Call (800) 926-7565 Toll-Free for a No Obligation Consultation

West Virginia State Law Resources

STATUTE OF LIMITATIONS

  • 2 years with Discovery Rule. (W. Va. Code. §55-2-12)
  • Medical malpractice
  • 2 years with Discovery Rule, but no later than 10 years after the date of injury. Minors under age ten have 2 years from injury or until age twelve, whichever is longer. (W. Va. Code. §55-7B-4)

DAMAGES CAP

  • Noneconomic damages for medical malpractice are limited to 250,000 per occurrence, regardless of the number of defendants. The cap is $500,000 for injuries involving permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life sustaining activities. On January 1, 2004, both compensatory damage limitations will be adjusted to account for inflation. (W. Va. Code. §55-7B-8)

Wrongful Death
STATUTE OF LIMITATIONS

DAMAGES CAP

  • Noneconomic damages for medical malpractice are limited to 250,000 per occurrence, regardless of the number of defendants. The cap is $500,000 for injuries involving permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life sustaining activities. On January 1, 2004, both compensatory damage limitations will be adjusted to account for inflation. (W. Va. Code. §55-7B-8)

State Resources

Nursing Home Care State Law

Related Articles

Nursing Home Abuse & Neglect Resources

Client Reviews

★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric