Proving Negligence with a Nursing Home Abuse Attorney

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Proving Negligence with a Nursing Home Abuse Attorney

It’s one thing to know your loved one is being harmed by nursing home negligence, and another to prove it in court. You’ll need substantial evidence to show patterns of negligence and the results that led to harm to your loved one. A nursing home abuse attorney can help you locate vital evidence, advise you on the best course of action, and get justice for your loved one.

worker threatening elderly male, Nursing Home Abuse Attorney

Nursing Home Negligence

Residents should not accept any abuse or neglect as normal. While many nursing home facilities are well-run and provide quality care to their residents, some do not. Many put profits above people. They are consistently under-staffed or have inadequately trained workers caring for residents, leading to many types of negligence:

  • Abuse by staff members, including physical, verbal, financial, sexual, and emotional
  • Neglect, such as inadequate nutrition or hydration, insufficient hygiene, pressure ulcers (bedsores) from lack of turning, weight loss, and unattended medical needs such as injuries

If you suspect your loved one has been hurt by the nursing home’s negligence, do what you can to remove them from the dangerous situation. Contact the nearest adult protective services to report the incident and their injuries. You can also contact local law enforcement if necessary. Also, the state’s Ombudsman program and other related agencies should be notified.

Proving Nursing Home Negligence

Evidence is vital to proving a nursing home’s negligence. Without it, you may find that the administrator, caretakers, or others involved have convenient reasons for why your loved one is not well. As an advocate for your loved one, you have the burden of proof to show that the nursing home’s negligence was responsible for their injuries or other conditions. Evidence such as:

  • Medical records
  • Photographs
  • Witness statements
  • Personal statements and testimonies from the resident (where available)
  • Facility records may demonstrate lackluster recordkeeping of care

Ombudsman complaints can show a history of complaints against a facility, along with prior state inspections for licenses.

What About A Nanny Cam?

In 2022, two workers at a nursing home were fired after they were caught on video abusing an elderly resident at a nursing home in Texas City, Texas. The family installed a hidden camera in their loved one’s room, and the video evidence led to the arrest of two women.

Unfortunately, in-room cameras are not legal in West Virginia nursing homes. These laws have been in place for residents of assisted living facilities since 2004 but were “reinterpreted” in 2024 to include nursing homes. Because West Virginia is a one-party consent state, relatives do not have to notify anyone they are being recorded.

How A Nursing Home Abuse Attorney Can Help

Legal counsel is the first step to learning the extent of nursing home negligence your loved one has experienced. An elder abuse lawyer can help locate and uncover records from the nursing home and state and local governments. The attorney can also file motions to compel against the nursing home or its parent company to require them to produce records.

Having an elder abuse lawyer will also help if there are criminal charges filed against one or more workers at the nursing home. While a civil case may produce monetary damages, the criminal case will involve the prosecution of the persons involved in abuse and negligence. These are separate cases, and your nursing home abuse attorney can help you understand your rights in both cases.

Defending The Vulnerable In West Virginia

If ever you discover that your loved one is not being cared for or being mistreated in a nursing home,  please call us immediately and speak with our nursing home elder abuse lawyer to help get justice for your loved one.

Because this kind of lawsuit can be complicated, it’s important to have a nursing home abuse attorney with a deep understanding of West Virginia’s personal injury laws and elder law. Contact The Love Law Firm today at (304) 344-5683 or contact us online for a free consultation. We’ve helped thousands of West Virginians fight for their loved ones in nursing homes and are ready to help you.

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