Nursing Home Abuse Lawyer In Charleston, WV

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Nursing Home Abuse Lawyer In Charleston, WV

When your elderly loved ones can no longer live on their own or care for themselves, a nursing home may be a good solution. It is always a tough decision to make and made harder if you worry about nursing home abuse. Those you care about still need you to protect and advocate on their behalf.  If you live in West Virginia you may need a nursing home abuse lawyer in Charleston to help you sue the facility.

nursing home abuse

If you suspect or discover any type of abuse, you and your loved one have rights. Chad Love of the Love Law Firm is a Charleston, WV nursing home abuse lawyer can help you recover compensation and get justice.

What Is The Most Common Abuse In Nursing Homes?

The World Health Organization reports that about 4% of abuse to people 60+ is ever reported. The most common type is emotional abuse, reported by 32% of nursing home staff members. Emotional abuse includes:

• A staff member who isolates the resident from socializing, friends, and family

• A staff member who controls the resident’s activity against their will

• Threatening the resident with harm

• Ignoring the resident and giving them the “silent treatment”

• Humiliating, embarrassing, scolding, or degrading the resident

• Moving a resident’s glasses, cane, or other assistive devices out of their reach

• Giving the resident intentionally longer waits for food, water, medication, or needed basic care

• Insulting the resident’s intelligence, appearance, or other characteristics, including name-calling

• Interfering with their decision making

• False accusations

• Verbal abuse

• Any mistreatment when no one else is around

This type of abuse can cause severe emotional suffering in a nursing home resident. Signs of emotional abuse include:

• Changes in behavior: nervousness, fear, anxiety, including trembling and crying

• Confusion unrelated to a medical or physical condition

• Depression developing or worsening

• Withdrawal from activities

• Argumentative or agitated nature

• Cowering when the specific caregiver is near, and avoiding eye contact

• Unwillingness to speak openly

• Self-neglect

• Abrupt changes in eating or sleeping habits, including weight loss

If you suspect your loved one is being emotionally abused, chances are other types of abuse are occurring, as well. Physical, financial, and sexual abuse as well as neglect are very likely, contributing to their condition.

For some residents, medical conditions such as dementia mean that they can’t tell you about the abuse or describe anything that’s happened.

How Do I Protect My Loved One In A Nursing Home?

Before committing someone to a nursing home, you’ll need to commit to some good research and review thoroughly any nursing home you’re considering for your loved one.  For example in West Virginia, you may want to contact government resources such as the WV Bureau of Senior Services (BOSS), an agency within state government which may provide guidance on nursing homes in your area.

While you can’t be with them 24/7, visiting is important. Visit frequently and not always on a schedule. Unexpected visits may reveal things that prepared visits do not. Ask other family members to make occasional unscheduled visits to the nursing home and see how they’re doing, if they need anything, and how they’re doing.

Utilize technology, such as Facetime, video calls, and other solutions to contact them and check in anytime.

Observe the surroundings and how the staff interacts with other residents. Are they addressing them respectfully and taking care of their needs?

It is also important is to keep tabs on the resident’s financial affairs and watch for any unusual changes such as large withdrawals.

If you notice any bruises or cuts, make sure to find out how they occurred and determine if the answers are plausible. If happening too frequently, this may be a red flag that appropriate care is not being provided.

If you suspect that your loved one is suffering abuse, consider putting a surveillance camera in their room.  For example, a case in Texas involved two nursing home attendants caught hurting a patient. After complaining to his family about the abuse, the family installed a camera that recorded an attack. Both staffers were fired, charged with injury to an elderly person, and had bonds set at $100,000. While Texas and a few other states allow camera installation with a resident’s permission, West Virginia law does not address cameras in nursing home, and you’ll have to ask the facility’s permission.

Should you believe your loved one is in immediate danger call 911 for immediate assistance.

What a Charleston, WV Nursing Home Abuse Lawyer Can Do

When you believe your loved one is being mistreated by the staff of a nursing home, working with a lawyer can make it easier to get justice. If you decide they are suffering severe abuse, your first move should be to get them to a safer place. Then speak with a nursing home abuse lawyer to learn about your legal options as well as options for your loved one.

A nursing home abuse lawyer  can bring a suit against the facility to hold staff responsible for their acts and will stop federal funding from going to the facility for violations of federal standards of care guidelines. Homes that received federal funding from Medicaid or Medicare must comply with federal regulations and violation of that can effect that funding.

Filing a claim for damages can help you obtain compensation for  your loved one’s medical treatment and recovery, physical therapy for physical abuse, as well as counseling for emotional abuse. If a resident has passed away from the injuries, the family can pursue damages on behalf of the resident, including funeral and burial expenses, as well as pain and suffering and possibly wrongful death.

Defending The Vulnerable

Because a nursing home lawsuit can be complicated, it’s important to have an attorney who understands the complexities of such a case. Contact The Love Law Firm today at (304) 344-5683 for a free consultation.  Chad Love is an experienced Charleston, WV nursing home abuse lawyer  and can provide you with good legal advice and compassion in your time of need. The Love Law Firm has helped concerned West Virginians advocate for their loved ones in nursing homes, and we’re ready to fight for your family too.

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