West Virginia Nursing Home Abuse Lawyer

West Virginia Nursing Home Abuse Attorney

Families depend on nursing home facilities to ensure both care and safety for their family members while maintaining a respectful atmosphere. Unfortunately, certain nursing homes fail to fulfill their responsibilities, which can result in injury and even death. People can prevent and remedy abuse by recognizing the signs and understanding their legal protections while taking necessary actions with the help of a West Virginia nursing home abuse lawyer.

Why Choose Us?

Our law firm has earned a reputation across West Virginia for our persistent legal representation and widespread respect. Our legal team demonstrates extensive experience across multiple practice areas while leading their specific fields. Our attorneys have the necessary knowledge to provide you with the guidance you require.

Our goal is to ensure you understand your case thoroughly so that we can better assist you in making educated and informed decisions.

Understanding Nursing Home Abuse

The term nursing home abuse describes deliberate mistreatment of elderly residents, as opposed to neglect, which means failing to provide essential needs. The effects of abuse in nursing homes include devastating physical, emotional, and financial consequences. Abuse can take many forms, including:

• Physical abuse. This is intentional physical harm inflicted on another that causes pain or injuries, including hitting, pushing, shoving, using restraints, and force-feeding.
• Emotional abuse. Emotional abuse can lead to depression and anxiety in patients. These actions include humiliation, making threats, insults, intimidation, isolation, and ignoring residents.
• Sexual abuse. In nursing homes, sexual abuse is any non-consensual activity performed on a resident. This can include rape, assault, and unwanted touching. Unfortunately, some residents may not be able to speak up for themselves, so loved ones should look for signs of sexual abuse, such as torn clothing, especially around private areas, and unexplained STIs.
• Financial abuse. Examples of financial abuse include unexplained transactions on a resident’s finances, sudden changes in their will, a change in their power of attorney, and unauthorized signatures on financial documents.

What To Do if You Suspect Nursing Home Abuse In West Virginia

It is essential to take prompt, decisive actions if you believe your loved one is being abused in a nursing home in West Virginia. First, protect their immediate safety by removing them from the facility and seeking medical help if they face immediate danger. Keep proof of abuse by photographing injuries, collecting medical documentation, and obtaining statements from witnesses.

Notify law enforcement about the abuse. A nursing home abuse attorney can investigate the situation while protecting your loved one’s rights and taking legal action if needed. Immediate action against abuse can stop additional damage and hold the negligent facility responsible.

Liability in Nursing Home Abuse Cases

Several parties can face legal responsibility when nursing home abuse takes place. Legal consequences can affect the caregiver who directly inflicted harm and the facility under specific conditions. Nursing homes can be held accountable for the following:

• Negligent hiring of staff or contractors
• Inadequate supervision of employees or visitors
• Insufficient staff training
• Violations of legal obligations
• Medication errors

Facilities may face “vicarious liability” for their employees’ misconduct. The legal principle known as respondeat superior (“let the superior answer”) makes nursing homes liable for their staff members’ negligent actions during their work activities.

There are situations in which third-party entities face liability. Numerous nursing homes obtain external food delivery services while also contracting security and healthcare professionals. A service provider who enters a contract can face liability if their negligence or misconduct results in harm. Hired security companies working for nursing homes can be held responsible for assaults on residents if they fail to deliver proper protection.

How a West Virginia Nursing Home Abuse Lawyer Can Help

If you suspect that a loved one has suffered nursing home abuse, it is important to seek the help of a nursing home abuse attorney. An attorney can analyze the evidence and build a strong case for you. They can speak with professionals, gather eyewitness testimony, and compile any physical evidence you have, such as medical bills and photographs of injuries.

An attorney can also negotiate settlements on your behalf and, if necessary, represent you in court to fight for your rights and get you the justice you and your family deserve.

FAQs

Q: Is It Difficult to File an Abuse Claim Against a Nursing Home?

A: Although filing an abuse claim against a nursing home presents multiple difficulties, it is not impossible. A successful claim requires collecting sufficient evidence for proof of the abuse. The success of a claim depends on physical evidence, witness testimonies, and professional testimonies. West Virginia laws offer protections for victims of nursing home abuse.

Q: How Much Can You Pursue in a Claim Against a Nursing Home for Abuse?

A: The claim amount you can pursue varies according to how serious the harm is, total medical expenses, emotional distress, and any additional damages. West Virginia does not impose a cap on compensatory damages for wrongful death cases but places limitations on non-economic damages in medical malpractice claims. The financial outcomes of settlements and verdicts vary based on the specific situation and degree of nursing home abuse.

Q: Who Is the Abuse Coordinator in a Nursing Home?

A: The designated abuse coordinator in nursing homes is usually the compliance officer or another appointed staff member who handles abuse prevention and reporting duties. This person verifies staff compliance with federal and state regulations, conducts investigations into abuse claims, and contacts authorities when required. The abuse coordinator educates staff on how to detect abuse and implement appropriate responses.

Q: Who Regulates Nursing Homes in West Virginia?

A: The West Virginia Department of Health and Human Resources (DHHR) and the Office of Health Facility Licensure and Certification (OHFLAC) regulate nursing homes in West Virginia. These agencies perform licensing oversight while carrying out inspections to ensure adherence to federal and state regulations. Residents and their families can file complaints through these agencies to report violations.

Contact Wooton, Davis, Hussell & Johnson, PLLC Today

If you suspect that your loved one has been abused in a nursing home, Wooton, Davis, Hussell & Johnson, PLLC can help you seek justice. Contact us today to get started.