Morgantown Nursing Home Abuse Lawyer

Entrusting the care of a loved one to a nursing home is a significant decision for families. These facilities are expected to provide compassionate and professional care for elderly residents, ensuring their safety, dignity, and quality of life. 

Unfortunately, nursing home abuse and neglect remain serious problems, placing vulnerable residents at risk of physical, emotional, and financial harm.

Seeking legal help from an experienced Morgantown nursing home abuse lawyer is a vital step for the victim and their family. 

A skilled attorney can investigate the abuse, hold negligent nursing homes accountable, and pursue compensation for damages such as medical expenses, emotional suffering, and untimely death. By taking legal action, you can protect your loved one and help prevent future abuse of other residents.

Why Hire Nursing Home Law Center

Our law firm is dedicated to helping victims of nursing home abuse and neglect secure the justice and compensation they deserve. We have extensive experience handling abuse cases with care and achieving significant outcomes, including favorable settlements and verdicts.

Our West Virginia nursing home neglect lawyers thoroughly investigate the case to address all aspects of the harm, such as medical expenses, emotional suffering, and other damages. With our in-depth knowledge of nursing home abuse claims, we work tirelessly to hold negligent parties accountable and advocate for your rights.

Types of Cases Handled by Our Morgantown Nursing Home Neglect Lawyers

Nursing home abuse occurs when staff or others harm residents through intentional acts of abuse or neglect. This mistreatment can cause significant physical, emotional, and financial damage to vulnerable individuals who rely on these facilities for their care. 

Our Morgantown nursing home neglect lawyers handle various abuse cases to ensure that the victim and their families receive justice and compensation.

Physical Abuse

Physical abuse involves intentionally causing bodily harm to a resident. This assault can include hitting, slapping, or improper use of physical restraints. For example, a caregiver who handles residents roughly during transfers can cause unnecessary pain or injury.

Mental and Emotional Abuse

Mental and emotional elderly abuse includes verbal insults, threats, intimidation, or isolation that causes psychological harm. For instance, nursing home employees may humiliate a resident or ignore their calls for help, leading to depression, anxiety, or emotional withdrawal.

Sexual Abuse

Sexual abuse involves any unwanted or non-consensual sexual contact with a resident. Elderly individuals, especially those with cognitive impairments, are particularly vulnerable. Examples include inappropriate touching by staff or other residents.

Medical Malpractice

Medical malpractice occurs when nursing home staff fail to provide proper medical care, harming residents. Common examples include untreated bed sores, medication errors, or failure to address infections.

Negligence

Nursing home negligence involves failing to attend to residents’ basic needs. Examples include malnutrition, dehydration, or cases where residents wander off unsupervised (elopement).

Financial Abuse

Financial abuse occurs when a resident’s assets or funds are exploited. This abuse may involve stealing personal belongings, coercing residents to change wills, or unauthorized use of their bank accounts.

Wrongful Death

In the worst cases, elder abuse can lead to the untimely passing of a nursing home resident. This loss can include fatal injuries caused by intentional harm, untreated medical conditions, or severe negligence.

Understanding Your Legal Rights

Federal and state laws protect nursing home residents and ensure their safety, dignity, and well-being. These laws establish clear standards for care and hold nursing homes accountable when violations occur. Understanding these rights is essential for victims of nursing home abuse and their families to take action and seek justice.

The Nursing Home Reform Act of 1987 is a fundamental federal law that sets nationwide standards for the care provided in nursing homes that receive Medicare or Medicaid funding. Under this act, residents have the right to be free from nursing home abuse, neglect, and other forms of mistreatment. 

They are entitled to receive proper medical treatment for their health conditions and to live in a safe, clean, and supportive environment. Residents also have the right to make decisions about their care, including refusing treatment, and to voice complaints without fear of retaliation.

In addition to federal protections, West Virginia law provides further safeguards for residents in local nursing homes and assisted living facilities. The West Virginia Department of Health and Human Resources oversees nursing homes to ensure compliance with state regulations. 

Families can also rely on the state’s Long-Term Care Ombudsman Program, which advocates for residents and investigates complaints about nursing home neglect or abuse.

Eligibility to File a Nursing Home Abuse Claim 

Certain parties have the right to file a legal claim when abuse or neglect occurs. If the victim is mentally and physically capable, they can take legal action on their own. When residents cannot advocate for themselves due to age, illness, or disability, their family members or legal guardians can pursue a claim on their behalf. 

Additionally, in cases of wrongful death, the resident’s estate can file a claim to seek compensation for funeral expenses, pain and suffering, and other losses.

Liability in Nursing Home Neglect and Abuse Cases 

When nursing home abuse or neglect occurs, multiple parties may share responsibility for the harm caused. Identifying all responsible parties is essential for ensuring justice and securing full compensation for the victim.

• Nursing home facilities: The facility itself is often liable when systemic issues, such as understaffing, inadequate training, or poor policies, contribute to abuse or neglect.
• Nursing home employees: Individual staff members may be held accountable for intentional actions like physical harm, verbal abuse, or theft.
• Management and administration: Administrators are responsible for ensuring the facility complies with safety regulations and proper care standards. If management ignores complaints, fails to supervise employees, or allows unsafe conditions to persist, they can be held accountable for resulting harm.
• Medical providers: Doctors, nurses, or other healthcare professionals working in the nursing home may be liable for medical malpractice.
• Third-party contractors: Contracted workers, such as maintenance personnel, transportation providers, or outside service staff, can also be liable.
• Product manufacturers: If defective equipment or products contribute to a resident’s injury, the manufacturer may be held accountable.

How Our Morgantown Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced legal team is dedicated to helping victims of nursing home abuse and their families seek justice and compensation. Our law firm has a proven track record of handling complex nursing home abuse cases, from identifying signs of abuse and neglect to holding negligent nursing homes accountable. 

With compassionate support and skilled advocacy, we fight tirelessly to protect residents’ rights and secure the results you and your loved ones deserve.

Free Case Evaluation

We begin with a free consultation to discuss the details of your nursing home abuse case and evaluate your legal options. During this initial meeting, a Morgantown nursing home abuse lawyer will listen to your concerns, answer your questions, and clarify the following steps to protect your loved one.

Case Investigation

Our team conducts a thorough investigation to uncover the full extent of the abuse or neglect. We gather evidence such as medical records, witness statements, staff logs, and nursing home inspection reports to build a strong case. This process ensures all responsible parties are identified and held accountable.

Filing the Claim

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

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement negotiations. Our personal injury attorneys are skilled negotiators who will fight to secure the maximum compensation for damages such as medical care, pain and suffering, and emotional trauma.

Trial Representation

We are fully prepared to take your case to trial if a fair settlement cannot be reached. Our personal injury attorneys will represent you in court, presenting compelling evidence to demonstrate the facility’s negligence or abuse and secure a favorable verdict.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 20 Medicare-certified nursing home centers in Morgantown, but many of these facilities have concerning ratings in key performance areas. 

Half of the facilities have an overall score of below or much below average, reflecting widespread issues in care quality. 45% percent (9 out of 20) received low scores in health inspections, raising concerns about safety and compliance with regulatory standards. 

Staffing is also a critical area of concern, with eight facilities (40%) falling short in this category, which can directly impact the well-being of residents. Additionally, nine facilities (45%) rated poorly in quality measures, suggesting deficiencies in how resident health and outcomes are managed. [1]

The worst-rated nursing homes in Morgantown include:

Identifying elder abuse in a nursing home setting is crucial to ensuring the safety and well-being of vulnerable residents. Family members should stay vigilant for the following indicators of nursing home abuse and take immediate action if any are present.

• Unexplained injuries such as bruises, cuts, burns, or broken bones
• Bed sores (pressure ulcers) or untreated infections
• Poor hygiene and unsanitary living conditions
• Sudden weight loss or signs of dehydration and malnutrition
• Withdrawal or fearfulness, especially around certain staff members
• Behavioral changes or sudden mood swings
• Bruising or injuries around sensitive areas
• Newly developed fear of physical touch
• Unusual transactions in bank accounts
• Missing personal items such as jewelry, cash, or other valuables
• Unexplained changes to financial documents, such as wills or powers of attorney

What to Do If You Suspect Nursing Home Abuse

If you believe your loved one is a victim of nursing home abuse, it’s essential to act quickly to protect their safety and well-being. Follow these steps:

• Call 911 if there is immediate danger: If your family member or another resident is at risk of serious harm, contact emergency services right away. Law enforcement and medical professionals can intervene to ensure their safety and provide necessary care.
• Report nursing home abuse to the facility administrator or management: Notify the nursing home’s management about your concerns. Document your observations and any conversations with staff. Federal and state laws require nursing facilities to investigate and report allegations of abuse.
• File a complaint with your local Ombudsman’s office: The Long-Term Care Ombudsman is an independent advocate for nursing home residents. This office investigates complaints of senior services, resolves issues with nursing homes, and ensures that residents’ rights are upheld. Filing a complaint helps bring attention to potential violations and holds facilities accountable.
• Contact a Morgantown nursing home abuse lawyer: An experienced attorney can guide you through the legal process, investigate the abuse or neglect, and pursue compensation for the harm caused. A nursing home abuse lawyer will also help ensure that those responsible are held accountable for their actions.

Contact a Morgantown Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, we are committed to helping victims of nursing home abuse and their families secure fair compensation. Whether your case involves nursing home neglect, physical harm, or untimely death, we provide compassionate support and aggressive legal advocacy to protect your loved one’s rights.

Our law firm works on a contingency fee basis, meaning you pay nothing upfront, and we only collect a fee if we recover compensation for you.

If you suspect nursing home abuse or neglect in Morgantown, contact us today for a free consultation. Let us fight for your family’s rights and help you pursue the justice and compensation your loved one deserves.

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

References: [1] Medicare