When you place a loved one in a nursing home, you expect them to receive the best care.
Unfortunately, your family member could be vulnerable to abuse and neglect. If this is the situation with your loved one, you may have legal options. A Charleston nursing home abuse lawyer is here to help with your case.
If you or your loved one has suffered abuse at a nursing facility in Charleston or elsewhere in West Virginia, call DiPiero Simmons McGinley & Bastress, PLLC, today. Our skilled nursing home abuse attorneys are ready to help you, and your loved ones recover compensation for any damages you sustained, including medical bills, pain and suffering, and other expenses.
But perhaps more importantly, we can minimize the chances that these negligent parties will ever harm your loved one or anyone else again. Contact us for a free consultation to find out how we can assist with your case.
The Troubling Nature of Nursing Home Abuse
The Nursing Home Reform Act, a federal law, sets out specific rights for residents, including the right to be free from abuse and neglect.
Here’s a troubling statistic: the World Health Organization (WHO) conducted a survey in 2022 in which they found that staff members at two out of every three nursing homes or long-term care facilities had committed some form of elder abuse during the previous year.
Nursing home abuse can take many forms. These may include:
Physical Abuse
When someone intentionally causes harm to a resident in a nursing home, that is known as physical abuse. Pushing, hitting, slapping, or restraining a resident against their will falls into this category.
For example, the issue of using restraints has come into question, and when used inappropriately, it can result in physical abuse. Additionally, neglect can lead to physical abuse, especially if a person is given medications or has necessary medical care or food withheld.
Any of these scenarios can cause serious harm to the individual.
Emotional Abuse
This type of abuse affects the resident’s emotional and mental well-being. Yelling, humiliation, verbal threats, and even manipulation are prevalent types of abuse. Sometimes, the caregivers may also keep a resident in isolation, which can exacerbate the adverse mental health impact such treatment has on them.
Sexual Abuse
Some nursing home residents are especially vulnerable to sexual abuse. Often, they may not have the physical or mental capacity to consent to any sexual act. In more heinous situations, these individuals are forced to participate in sexual activities against their will. Any sign of emotional distress, behavioral changes, or unexplained injuries or illnesses could be a sign of sexual abuse.
Financial Abuse
Some individuals might not have the capacity to handle their own finances, which can lead to misuse or theft. Sometimes, a resident’s money, assets, or property may be missing without their permission.
Identity theft, altering legal documents, and unauthorized credit card use are a few forms of financial exploitation. The National Council on Aging estimates that financial exploitation of the elderly causes $28.3 billion in losses each year.
When you discover that your loved one has suffered from these types of issues, it can be distressing. You might have many questions that need immediate answers. A Charleston, WV, nursing home abuse lawyer can help with your case.
What Are Some of the Signs of Nursing Home Abuse in Charleston?
If you are worried about a loved one in a nursing home, you may want to watch out for a few signs. These may include:
- Unexplained bruises, cuts, or burns
- Broken bones and fractures
- Change in behavior or personality
- Dehydration and malnutrition
- Depression or anxiety
- Difficulty with eye contact or sudden fearfulness
Remember that vigilance and timely action to address any potential wrongdoing are essential. If you suspect nursing home abuse, report it promptly to the appropriate authorities. Every resident deserves a safe and respectful environment.
What Are the Rights of Nursing Home Residents in West Virginia?
All residents have rights, like those issued under federal and state laws. Along with that, West Virginia established its own rules that govern nursing home licensing, operation, and the standard of care. These rules apply to all nursing homes within West Virginia.
All residents have the right to be treated with dignity and respect. Additionally, staff members must interact with residents courteously and respectfully.
Individuals also have the right to privacy even while residing in nursing homes. They can make personal choices, such as how to handle finances or what clothes to wear. Facilities must take reasonable measures to encourage residents’ independence whenever possible.
Being able to make decisions about medical care is also important. Residents should have the option to choose their own doctor and make informed medical decisions. Nursing homes cannot impose restrictions on personal choices.
Plus, nursing home residents can voice their opinions, discuss facility matters, and advocate for their needs. When it comes to these assisted living facilities, those individuals living in them have the right to be free from abuse, neglect, or mistreatment. In all cases, it is the responsibility of the residential facility to ensure all of its wards remain safe and that their well-being is protected.
The above-referenced are just some of the legal protections that extend to nursing home residents. Facilities must adhere to them or risk losing their license. Any violations should be immediately reported.
Reporting Abuse
Reporting inappropriate treatment is essential to protect vulnerable residents. Here are some steps to take to report nursing home abuse in West Virginia:
- Contact Adult Protective Services (APS): Call the Central Intake for Abuse and Neglect at 1-800-352-6513 for any suspicions of abuse, neglect, or exploitation of vulnerable adults.
- File a complaint with the Office of Health Facility Licensure & Certification (OHFLAC): Visit the OHFLAC Complaint Submission page to file a formal complaint about quality of care, conditions, and resident rights.
- Contact the Long-Term Care Ombudsman: The Long-Term Care Ombudsman program advocates for residents’ rights, and they can be reached at 1-800-834-0598.
- Seek legal assistance: If you suspect abuse, consider contacting a Charleston, WV, nursing home lawyer.
How a Charleston Nursing Home Abuse Lawyer Can Assist You
If you believe that a loved one has been abused, you will want to reach out to an attorney immediately. An experienced legal representative should work quickly to help you protect the rights of your nursing home resident. Additionally, they conduct thorough investigations into the alleged abuse and gather evidence.
During this time, your attorney may interview witnesses, look into the responsiveness of the nursing home officials, and even analyze medical records. All these pieces of evidence can be used to help build your case.
Many times, your loved one has suffered from various types of harm, including emotional, physical, and financial damage. You need an attorney during this time to advise you on how to best get your family member to safety and to calculate the compensation owed to your relative for the harm they endured.
If necessary, your lawyer will help you file a lawsuit against the nursing home facility. They handle all legal paperwork and make sure their lawsuit meets all filing requirements and deadlines (the statute of limitations).
Many nursing home abuse cases are settled out of court. Your lawyer will negotiate with insurance companies on behalf of the victim. They want to secure a fair settlement that compensates them for the harm caused by their mistreatment.
In cases that proceed to trial, your lawyer will represent you or your loved one in court. They present evidence, cross-examine witnesses, and argue the case before a judge or jury.
When it comes to seeking legal counsel, you need a nursing home abuse lawyer passionate about protecting the elderly. Your attorney should be experienced in holding negligent facilities accountable and advocating for residents’ rights. The right legal representative should be focused on ensuring that nursing homes are held to the highest standards of care and that residents are treated with dignity and respect.
Compensation Available in Abuse Cases
With help from your attorney, you may be entitled to the following types of compensation:
- Medical expenses: Any monetary award secured may be used to pay for a hospital stay, surgery costs, doctors’ visits, medications, and rehabilitation costs.
- Mental health counseling: Your financial recovery can pay for therapy for conditions such as anxiety, depression, or trauma.
- Costs of moving to another nursing home: If you need to relocate a family member to a different facility due to abuse, compensation can cover moving expenses.
- Funeral expenses (in wrongful death cases): In cases where nursing home abuse leads to a resident’s death, compensation may cover funeral and burial expenses.
If you would like to know what type of compensation is available if you decide to pursue a nursing home abuse case, please contact one of our attorneys at DiPiero Simmons McGinley & Bastress, PLLC.
FAQ: Charleston Nursing Home Abuse Lawyer
What qualifies as nursing home abuse?
Nursing home abuse includes any form of mistreatment that causes harm or distress to a resident. This can involve physical abuse, emotional manipulation, financial exploitation, sexual abuse, or neglect. Examples range from hitting or excessive restraint to ignoring basic hygiene or failing to provide food, water, or necessary medical care. If your loved one appears frightened, withdrawn, or physically injured, these could be red flags that abuse is occurring.
What are the signs that my loved one may be a victim of nursing home abuse?
Signs of abuse can vary depending on the type, but common indicators include unexplained bruises, bedsores, frequent infections, weight loss, poor hygiene, and changes in mood or behavior. Sudden withdrawal from social activities or an unusual fear of staff members can also signal that something is wrong. If something doesn’t feel right, it’s worth investigating further.
Who can be held legally responsible for nursing home abuse?
Depending on the circumstances, several parties may be held liable. This can include individual caregivers, nursing home administrators, the facility itself, or outside contractors such as medical providers. A Charleston nursing home abuse lawyer will examine the facts of your case to determine who should be held accountable and pursue compensation from the appropriate parties.
What type of compensation is available in a nursing home abuse case?
Victims and their families may be entitled to compensation for medical expenses, relocation costs, emotional trauma, and pain and suffering. In particularly egregious cases, punitive damages may also be awarded to punish the facility or staff for especially reckless or intentional behavior.
Let DiPiero Simmons McGinley & Bastress, PLLC, Protect Your Loved Ones
At DiPiero Simmons McGinley & Bastress, PLLC, we understand the heartbreaking realization of knowing that someone abused or neglected a loved one. We are here to help you understand your legal rights and take the next steps in your case.
Contact our office to schedule a free consultation today.
