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500 Randolph Street, Charleston, West Virginia 25302

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Nursing Home Abuse & Negligence in West Virginia

Experienced Charleston lawyers protecting the rights of residents of assisted living facilities

Long-term care facilities perform the vital function of providing a compassionate home to seniors in our community who can no longer care for themselves. Sadly, these nursing homes often shirk their responsibilities and subject residents to neglect and even abuse. Because nursing homes are generally for-profit companies, cost-cutting measures, such as hiring unqualified staff can make conditions less than desirable and result in serious injuries to residents.

Calwell Luce diTrapano PLLC advocates for the rights of these vulnerable members of our community. You can help by immediately reporting your suspicions of financial exploitation, neglect, or physical, emotional, verbal or sexual abuse. If our examination of the facts shows any type of negligence or abuse, we can take actions to protect your loved one. Our Charleston legal team first ensures that your family member is in a safe location. Once the threat of harm is removed, we seek to recover compensation from the nursing home that allowed such conditions to persist.

West Virginia nursing home statutes

West Virginia statutes in §64-13 govern nursing home licensure rules. The extensive legislation contains provisions for residents’ appropriate medical care and quality of life, and for the safe, sterile conditions maintained by the facilities. The laws also outline residents’ rights, such as the rights to privacy, independence, medical care and property ownership.

Neglect of activities of daily living

Nursing homes have a duty to assist residents with activities of daily living (ADL), including bathing, eating, dressing, grooming, using the toilet and getting into and out of bed. Neglecting to help with these important tasks puts residents at risk of falls, dehydration, malnutrition, tooth decay and diseases resulting from poor hygiene. Staff members are not permitted to use physical restraints to prevent falls but should instead institute reasonable safety measures, such as bed rails, mobility aids, communication devices, padded floors and walls, and orderlies assigned regularly to checking on patients and provide help as necessary.

How to detect abuse of a nursing home resident

Nursing home residents may not be able or willing to disclose incidents of abuse and neglect due to their fragile state or fear of reprisal. It is your responsibility to protect your loved one by looking for signs of possible abuse and reporting suspicious findings, such as:

  • Bedsores
  • Untreated infections or diseases
  • Inadequate medical care
  • Unexplained bruises, lacerations or broken bones
  • Repeated falls
  • Poor hygiene
  • Dehydration or malnutrition
  • Depression, anxiety or withdrawal

Abuse and neglect are rarely isolated incidents. Often one claim of abuse exposes a pattern of maltreatment perpetrated on multiple residents. By reporting abuse, you not only protect your loved one, but also you are likely saving other residents from danger.

Consult our compassionate lawyers about protecting your loved one from nursing home abuse or neglect in Charleston

For more information about your loved one’s rights to recover compensation for nursing home abuse and neglect, call Calwell Luce diTrapano PLLC at 304.400.6558 or contact our law firm online to schedule an appointment.