Huntington Nursing Home Abuse Neglect Lawyer

Nursing homes are expected to provide residents with a safe, dignified, and compassionate environment. Unfortunately, not all facilities meet this standard, putting residents’ health, dignity, and quality of life at risk. 

Discovering that a family member has suffered nursing home negligence can be devastating and raises urgent questions about how to protect a loved one and seek justice. Seeking help from a Huntington nursing home abuse attorney provides families with the guidance and advocacy needed to protect their loved ones and hold negligent parties accountable. 

A skilled legal representative can help ensure your loved one’s rights are upheld, investigate the abuse, and pursue the compensation needed to address the harm caused.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, our mission is to help victims of nursing home abuse secure the compensation and justice they deserve. Our West Virginia nursing home abuse lawyers bring extensive experience to every case and have a strong record of achieving favorable settlements and verdicts for those we represent.

We leave no detail overlooked in our investigations, addressing every facet of the abuse, from medical expenses to emotional distress and other damages. With a thorough understanding of nursing home abuse claims, we work diligently to protect your rights and hold negligent parties accountable.

Our law firm provides compassionate, clear communication throughout the process, ensuring you and your loved ones remain informed and supported at every stage. You can trust us to stand by your side, offering guidance and advocacy when needed.

Types of Cases Handled by Our Huntington Nursing Home Abuse Lawyers

Nursing home abuse occurs when residents are harmed through intentional actions, neglect, or failure of caregivers or facility staff to meet their basic needs. This mistreatment can take many forms, each causing significant physical, emotional, or financial harm. Below are the main types of abuse cases our West Virginia nursing home neglect lawyers handle.

Physical Abuse

Elderly physical abuse involves intentionally causing bodily harm to a resident. This type of abuse may include hitting, pushing, or improper use of restraints.

Mental and Emotional Abuse

Elderly mental and emotional abuse occurs when staff use words or actions to intimidate, humiliate, or isolate patients, causing psychological distress.

Sexual Abuse

Nursing home sexual abuse includes any non-consensual sexual contact or behavior. Such abuse can involve inappropriate touching, assault, or exposing patients to sexually explicit materials.

Medical Malpractice

Medical malpractice includes failure to provide proper medical care that harms a resident. Common examples are untreated bedsores, medication errors, and failure to diagnose and address serious health conditions.

Negligence

Negligence occurs when long-term care facilities fail to meet primary care standards, putting patients’ health and safety at risk. Nursing home neglect includes poor hygiene, malnutrition, dehydration, and incidents of elopement (wandering off unsupervised).

Financial Abuse

Financial exploitation involves taking advantage of a resident’s assets or finances. This abuse can include forging signatures, stealing money, or coercing patients into changing wills or financial documents.

Wrongful Death

When abuse or nursing home negligence results in a resident’s death, it may be considered wrongful death. This loss could be caused by neglect, such as failure to address severe medical conditions or abuse leading to fatal injuries. Families may pursue legal action to hold the facility accountable and seek compensation for their loved one’s death.

Understanding Your Legal Rights

Nursing home residents have specific legal rights protected under federal and state laws to ensure their safety, dignity, and quality of care. These rights are designed to prevent nursing home neglect and abuse and to hold facilities accountable when violations occur. 

Understanding these rights is crucial for protecting your loved ones and seeking compensatory damages if they have suffered harm.

Legal Protections Under Federal Law

The Nursing Home Reform Act of 1987 is a cornerstone of federal law that sets standards for the care and treatment of patients in nursing homes that receive Medicare or Medicaid funding. Under this law, residents have the right to:

• Be free from all forms of abuse and neglect, including physical, emotional, and sexual harm
• Receive adequate medical care and treatment for their health conditions
• Be treated with dignity and respect
• Participate in decisions about their care and treatment
• Voice complaints without fear of retaliation

The federal government enforces these protections through inspections and investigations, ensuring facilities comply with the law. Violations can result in penalties, loss of funding, or lawsuits.

Legal Protections in West Virginia

West Virginia has regulations that protect patients in long-term care facilities. These include strict requirements for staffing levels, caregiver training, and reporting suspected abuse or neglect. The West Virginia Long-Term Care Ombudsman Program is an additional resource for residents and families, advocating for their rights and investigating complaints.

Eligibility to File a Claim 

Several individuals and parties may have the right to file a claim in cases of nursing home abuse or neglect:

• The resident: If mentally and physically capable, they can file a claim directly.
• Family members or a legal guardian: When a resident lacks the capacity to file a claim due to age, disability, or illness, family members or a guardian can act on their behalf.
• The estate of a deceased resident: In cases of untimely death, the resident’s estate can file a claim seeking compensation for the loss.

Liability in Nursing Home Neglect and Abuse Cases 

Determining liability in nursing home negligence cases often reveals that multiple parties may share responsibility for the harm caused. From the facility itself to individual caregivers, various entities may contribute to neglect, abuse, or other forms of mistreatment. Understanding who is accountable is essential for pursuing compensation and preventing future harm.

• Nursing homes and assisted living facilities: The facility itself is often liable when systemic issues, such as understaffing, inadequate training, or poor oversight, contribute to abuse or neglect. For instance, a nursing home that fails to maintain proper staffing levels may leave patients at risk of neglect or pressure sores due to insufficient care.
• Individual caregivers: Staff members, including nurses, aides, or other caregivers, can be held directly responsible if their actions cause harm. Examples include a caregiver physically abusing a resident or failing to provide basic needs like food and water, leading to malnutrition or dehydration.
• Administrators and management: Facility administrators are responsible for ensuring compliance with state and federal regulations. If they ignore complaints, fail to address safety violations, or overlook evidence of abuse or neglect, they can be held liable for the resulting harm.
• Medical providers: Doctors, nurses, or contracted healthcare professionals may be liable for medical malpractice, such as mismanaging medications, ignoring signs of declining health, or failing to treat bedsores. For example, a resident receiving the wrong dosage of medication could suffer serious or even fatal consequences.
• Third-party contractors: In some cases, outside contractors, such as maintenance workers, food service providers, or other non-staff personnel, may contribute to unsafe conditions or mistreatment. For instance, a third-party transportation service may be liable if a resident is injured due to negligence during a transfer.
• Product manufacturers: If a defective product, such as a wheelchair or medical device, contributes to a resident’s injury, the manufacturer of that product may be held accountable. For example, a faulty bed rail could lead to a fall or entrapment, causing severe injuries.

How Our Huntington Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our nursing home abuse attorneys are dedicated to advocating for victims of abuse and neglect. With a proven track record of handling complex abuse cases, we understand the unique challenges families face and are committed to securing fair compensation for their loved ones. Here’s how we help:

Free Case Evaluation

The first step is understanding your situation. We offer a free consultation to evaluate the details of your case, answer your questions, and discuss potential legal options. This initial meeting comes with no obligation and provides a clear path forward for protecting loved ones and holding facilities accountable.

Case Investigation

Our attorneys conduct a thorough investigation to uncover the facts surrounding the abuse or neglect. This process includes reviewing medical records, interviewing witnesses, examining staff practices, and identifying any systemic failures within the facility. By gathering critical evidence, we build a solid case to prove that abuse occurred and establish liability.

Filing the Claim

Once the evidence is gathered, we handle the legal process of filing your claim. This step includes drafting and submitting all necessary documents, meeting deadlines, and ensuring compliance with West Virginia laws.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement negotiations. Our attorneys have extensive experience negotiating with insurance companies and defense lawyers to secure maximum compensation for victims. 

We fight to recover damages for medical expenses, pain and suffering, and other losses, ensuring your family receives the financial support they deserve.

Trial Representation

If a fair settlement cannot be reached, our team is fully prepared to take your case to court. We provide aggressive representation during trial, presenting compelling evidence to demonstrate the facility’s negligence or abuse. Our goal is to secure a favorable verdict that holds all responsible parties accountable.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Huntington, 18 Medicare-approved nursing homes are providing essential care to elderly residents. However, a significant portion of these facilities falls below acceptable standards in critical areas of evaluation. Seven nursing homes (39%) received below or much below-average ratings for overall performance. 

Similarly, seven facilities (39%) fall short in health inspections, highlighting concerns about safety and compliance with care standards. Twelve nursing homes (66%) have inadequate staffing, and ten facilities (55%) are rated poorly in quality measures. [1]

The worst-rated nursing homes in Huntington include:

• Boyd Nursing and Rehabilitation
• Crystal Care of Coal Grove
• Harbor Healthcare of Ironton
• Heritage Center

Recognizing the signs of elder abuse is critical for protecting nursing home patients. Families should stay vigilant for the following indicators of abuse or neglect, which may suggest that their loved one is at risk.

• Unexplained injuries
• Pressure sores
• Poor hygiene or health decline
• Malnutrition or dehydration
• Withdrawal or fearfulness
• Depression or anxiety
• Sudden outbursts or changes in temperament
• Bruising or injuries in sensitive areas
• Sexually transmitted infections
• Unsanitary living conditions
• Missing personal items
• Unexplained account activity

What to Do If You Suspect Nursing Home Abuse

If you believe your loved one is a victim of nursing home abuse, taking prompt action is essential to ensure their safety and well-being. Follow these steps to address the situation effectively:

Call 911 if There is Immediate Danger

If your family member or another resident is in immediate danger of physical harm, call 911 right away. Law enforcement and emergency services can intervene to ensure their safety and provide necessary medical attention.

Report to the Nursing Home Administrator or Management

Notify the facility’s administrator or management about your concerns. Document the conversation and any actions they promise to take. Federal and state laws require nursing homes to address and report allegations of abuse.

File a Complaint with Your Local Ombudsman’s Office

The Long-Term Care Ombudsman is a resource for residents and their families. This office advocates for residents’ rights, investigates complaints, and works to resolve issues with long-term care facilities. Filing a complaint with your local Ombudsman ensures that concerns about neglect or abuse are taken seriously and independently reviewed.

Contact a Nursing Home Lawyer

An experienced Huntington nursing home abuse attorney can guide you through the legal process, help gather evidence, and file a claim to hold the responsible parties accountable. A lawyer can also assist with seeking compensation for medical bills, pain and suffering, and other damages caused by the abuse or neglect.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse and their families may be entitled to recover various types of damages through a legal claim.

Economic Damages

Economic damages cover quantifiable financial losses resulting from the abuse or neglect. These may include:

• Medical bills: Compensation for treatment of injuries, hospitalization, medications, or ongoing medical care.
• Relocation expenses: Costs associated with moving your loved one to a safer facility.
• Rehabilitation services: Covers therapy or counseling expenses needed to address physical or emotional trauma.
• Lost assets: Compensation for stolen money or property in cases of financial abuse.

Non-Economic Damages

Non-economic damages address the emotional and psychological impact of the abuse and neglect. These include:

• Pain and suffering: Compensation for physical pain and discomfort caused by the harm.
• Emotional distress: Damages for the trauma, anxiety, or depression resulting from nursing home abuse.
• Loss of dignity or quality of life: When abuse occurs, patients may experience a diminished ability to enjoy life or feel secure.

Punitive Damages

Punitive damages are awarded in cases where the facility or caregiver’s behavior was especially reckless, malicious, or intentional. These damages are meant to punish the wrongdoer and deter others from engaging in similar conduct.

Wrongful Death Damages

If a resident dies due to nursing home negligence or abuse, the family may file a wrongful death claim to recover:

• Funeral and burial expenses: Costs related to laying the deceased to rest.
• Loss of companionship: Compensation for the emotional toll of losing a loved relative.
• Loss of financial support: Recovery for income or benefits the deceased may have provided.

The Cost of Hiring a Huntington Nursing Home Abuse Attorney

At Nursing Home Law Center, we believe that cost should never stand in the way of pursuing justice for your loved family. That’s why we work on a contingency fee basis for nursing home abuse cases. This arrangement means you pay nothing upfront, and we only receive a fee if we successfully recover compensation on your behalf.

You Have Limited Time to Take Legal Action in Huntington

In Huntington and throughout West Virginia, there is a specific time limit for filing a legal claim, known as the statute of limitations. Generally, victims or their families have two years from the date the abuse occurred or was discovered to initiate legal proceedings. 

Failing to file within this timeframe can result in losing your right to seek compensation, regardless of the severity of the harm. An experienced Huntington nursing home abuse attorney can help ensure your claim is filed within the required deadline, giving you the best chance to secure justice for your loved one.

Contact a Huntington Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, we have extensive experience advocating for nursing home abuse victims and their families. Our skilled legal team has a strong track record of holding negligent long-term care facilities accountable and securing compensation for the harm caused. 

Whether your case involves physical harm, emotional distress, financial exploitation, or untimely death, we are here to provide compassionate, effective legal representation.

If you suspect your loved one has suffered injury or mistreatment in a nursing home or assisted living facility, contact us today for a free consultation. Let us help you protect your family’s rights and pursue justice for the harm they endured.

Call us at (800) 926-7565 or fill out our contact form to consult a nursing home abuse lawyer.

References: [1] Medicare