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West Virginia Nursing Home Resident Rights

Published on Dec 2, 2022 at 5:30 pm in Nursing Home Abuse.

West Virginia Nursing Home Resident Rights

Are you or a loved one planning to move into a nursing home here in Charleston or elsewhere in West Virginia? Or do you already have a loved one that lives in an assisted living facility like this?

If so, it’s a good idea to learn about West Virginia nursing home resident rights. Being over-prepared and educated in case of any incidents will ensure you’ll know what caregivers and the facility can and cannot do so that you or a loved one can advocate for your rights if an adverse situation occurs.

What Are the Laws Regarding Video Cameras in Nursing Homes?

Published on Sep 30, 2022 at 3:17 pm in Nursing Home Abuse.

nursing home cameras

The law office of DiPiero Simmons McGinley & Bastress, PLLC in Charleston, WV explores the laws regarding video cameras in nursing homes and how they affect cases of nursing home abuse or neglect. 

After learning more about care facility security camera regulations, please reach out to our office with any questions concerning your own case of nursing home abuse or neglect. We provide free case evaluations to empower families to make the best decisions for the care of an aging loved one.  

How Do You Report Elder Abuse in West Virginia?

Published on Aug 26, 2022 at 3:46 pm in Nursing Home Abuse.

caregiver with elderly person

Did you entrust your loved one’s care to a nursing home only to later learn that staff members mistreated them? If so, the time to take action is now. Aside from helping your family member take legal action against their abuser, you should also take reasonable steps to report elder abuse in West Virginia.

Reporting instances of elder abuse to the proper authorities will not only protect your loved ones, but may also prevent further harm to other victims who do not have a trusted family member to advocate on their behalf. Alerting authorities to acts of elder abuse also helps minimize the chances of future nursing home residents suffering at the hands of an abusive caretaker.

Measures Every Nursing Home Should Take Against Infections

Published on Jul 2, 2020 at 12:10 pm in Nursing Home Abuse.

gloved hands touching mask

Nursing homes are important care facilities for older Americans who can no longer live on their own or with family because they require around-the-clock care. Since the facility houses the resident and is responsible for their care and safety, one of their biggest concerns should be preventing the spread of infection. Staff, residents, and visitors can all transmit infections if the proper precautions and cleaning are not taking place in a facility.

How to Stop Instances of Verbal Abuse in Elder Care Facilities

Published on Mar 26, 2020 at 9:48 am in Nursing Home Abuse.

Person pushing elder in wheelchair

Abuse can come in many different forms, including physical, emotional, and financial. Some of those types of abuse can manifest as neglect, sexual abuse, pushing, and yelling. When you make the tough decision to place your loved one in a long-term care facility, you expect their new community to take care of them as if you would. Unfortunately, that’s not always the case, as all types of abuse happen in nursing homes. And staff members aren’t the only people in your loved one’s nursing home who might abuse them, as fellow residents can cause abuse as well.

According to the National Institute on Aging, verbal abuse is a form of emotional abuse, but it can be much more than just yelling at a person. Verbal abuse can be a staff member insulting, threatening, blaming, or patronizing a patient. According to a study, verbal abuse was the most common form of abuse in assisted living facilities, with 203 instances of humiliating remarks occurring for every 1,000 residents per year.

Nobody deserves to be treated poorly, especially not older Americans who need the help of a long term care facility to live more comfortably. Though verbal abuse might sound like the least harmful form of abuse, it’s just as bad because it negatively impacts the patient’s mental and emotional state.  A study funded by the National Institute on Aging found that verbal mistreatment can be associated with a decrease in physical and mental health and leads to a lower quality of life.

When Is It Time to Remove a Loved One from a Nursing Home?

Published on Feb 13, 2020 at 10:20 am in Nursing Home Abuse.

Person holding senior's hand

It’s hard to make the decision to place a loved one into a nursing home. Even if you want to take care of them on your own, sometimes a facility has better resources available for your loved one in their old age. But it can be an even harder decision to remove them from the nursing home if it isn’t the right fit for their needs.

When a long term care facility is no longer working for your loved one, you should get in contact with an experienced lawyer from DiPiero Simmons McGinley & Bastress in Charleston. We can help you stand up for your loved one if they have been mistreated by the nursing home who was supposed to be taking care of them. Let’s take a look at some of the reasons you might need to remove your loved one from a nursing home.

What Form Does Negligence Take for Nursing Home Patients with Dementia?

Published on Sep 11, 2019 at 11:58 am in Nursing Home Abuse.

People with diseases like Alzheimer’s and other forms of dementia can be unpredictable in their moods, actions, and thoughts. The symptoms of dementia, like memory loss and trouble concentrating, can make it hard to reason with the person about their behavior because they might not remember acting out, or they might not see themselves as wrong. This unpredictable nature can lead to behavioral or safety issues if the patient is not properly monitored and supervised.

If your loved one is in a long-term facility, you should always pay attention to the care that they’re receiving. Unfortunately, nursing home abuse is a real possibility. Most patients with dementia require extra attention and care. Keep reading to find out what form negligence takes for nursing home patients with dementia so that you know what to look for in your loved one.

Elder Fatalities from Falls Are on the Rise Again

Published on Jun 20, 2019 at 11:06 am in Nursing Home Abuse.

Something as simple as tripping over a curb while trying to walk on the sidewalk could prove fatal to an elderly person. According to a study published in the Journal of the American Medical Association (JAMA), the number of fatal falls in the elderly population nearly tripled from 2000 to 2016. And they’re still on the climb to nearly 30,000 per year. Even though falling might not seem like a serious threat to a person’s health, it is just that for people 65 and up.

In fact, falls are the number one cause of injuries in Americans 65 and older, according to the Centers for Disease Control and Prevention (CDC). Older adults who experience a serious fall in a hospital or nursing home could have a steep decline in health, especially if they suffer a traumatic brain injury or a hip fracture. A downturn in health in that population could quickly lead to death. What makes falling so serious, especially among the older population?

How Silence Can Lead to Emotional Abuse in Nursing Homes

Published on May 30, 2019 at 10:32 am in Nursing Home Abuse.

Younger person's hand holding senior citizen's hand with watch

Transitioning your loved one into a nursing home can be emotionally difficult for everyone involved. There’s no doubt that you’ll want to ensure they receive the best care possible. This includes frequent and positive social interactions. It’s crucial for long-term care facilities to train their staff to have positive interactions with residents. Social gathering and events should be regularly scheduled, and family visits should be encouraged.

When, however, nursing home staff are intentionally or unintentionally negligent, residents can suffer. When nurses do not engage with residents or purposely ignore them, a bleak or even hostile environment is created. As a family member of a nursing home resident, it’s important to understand how silence can lead to emotional abuse and what you can do to encourage a high quality of life for your loved one.

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