Nursing Home Neglect
Nursing Home Neglect in Charleston, WV
Overview
Neglect is a frequent form of elder abuse in nursing homes. When a caregiver or other staff do not offer care to a resident, the resident is subject to a gradual form of abuse that can lead to illness, complications, and injuries. Left unchecked, neglect can eventually lead to a resident’s death.
Family and friends may not immediately recognize neglect. The effects appear over time, and may only appear when they realize that something isn’t right. A resident who can communicate may tell you that they are not being cared for, but a non-communicative resident likely can’t. Frequent visits by friends and family ensure that any neglect is noticed, and let the caregivers know that someone is watching.
If you believe your loved one has been subjected to nursing home neglect, The Love Law Firm’s nursing home abuse attorney can help you find answers and get justice for your loved one.
What Constitutes Nursing Home Neglect?
Nursing home neglect in West Virginia occurs when a facility fails to provide proper care, resulting in harm or risk to a resident. Unlike abuse, which involves intentional harm, neglect often stems from carelessness, insufficient staff, or inadequate training. There are several types of nursing home neglect:
- Physical Neglect
- Failure to provide adequate food, water, and hygiene
- Ignoring a resident’s need for mobility assistance
- Medical Neglect
- Not treating wounds, infections, or chronic illnesses
- Failure to administer prescribed medications
- Emotional/Social Neglect:
- Isolating residents or ignoring their emotional needs
- Failing to offer social interaction or activities
- Neglect of Basic Needs
- Allowing unsanitary living conditions
- Failing to provide proper heating, cooling, or bedding
Under West Virginia law, nursing homes must provide necessary care and services to maintain residents’ highest practicable physical, spiritual, mental, and psychosocial well-being
Signs of Nursing Home Neglect
The most common signs of nursing home neglect include:
Physical signs
o Bedsores, i.e., pressure sores or ulcers o Unexplained bruises, cuts, or sores o Sudden weight loss or malnutrition o Dehydration o Poor personal hygiene o Untreated medical conditions or infections
Behavioral and emotional signs
o Withdrawal from social activities or family o Increased anxiety, depression, or agitation o Unexplained mood swings or fear of specific staff members o Changes in sleeping habits o Unusual behavior, such as sucking or biting
Environmental signs
o Unclean rooms, bathrooms, or common areas o Broken or damaged equipment, such as call buttons, bed rails, wheelchairs o Unsafe living conditions o Dirty living spaces o Lack of proper lighting or ventilation
Medical neglect
o Failure to provide medication timely o Not regularly moving residents with mobility issues o Improper or inadequate care for existing medical conditions
Personal care neglect
o Failure to assist with bathing, changing clothes, or maintaining oral hygiene o Not helping or changing residents who require protective incontinence products.
Social/emotional neglect
o Isolating residents or preventing interaction with others o Failing to provide emotional care or social activities
These symptoms are indicators that nursing home staff are not providing proper care or attention to residents’ needs. Neglect can lead to severe consequences, including life-threatening infections, increased risk of falls, psychological trauma, and deterioration of pre-existing medical conditions.
If you suspect nursing home neglect, it’s important to act quickly. You do have legal options available to seek justice and compensation for your loved one.
Prevalence of Elder Abuse in West Virginia Nursing Homes
Recent statistics and reports highlight the troubling prevalence of nursing home neglect in West Virginia:
- Incidents and Deficiencies:
- In 2024, West Virginia had 123 certified nursing homes, with 36 identified as having serious deficiencies and 115 with infection-related issues. These deficiencies caused immediate jeopardy to residents’ health and safety, including failures to protect residents from abuse and neglect.
- Specific cases include hot water temperatures reaching dangerous levels (134-140°F), leading to criminal investigations.
- Neglect Indicators:
- Facilities like Beckley Healthcare Center and Eagle Pointe Healthcare Center have been flagged for severe understaffing, neglect, poor hygiene, and medication mismanagement. Reports include untreated bedsores, malnutrition, and dehydration.
- Abuse Statistics:
- Nationally, about 1 in 10 nursing home residents experience abuse, with nearly 44% reporting neglect or mistreatment. In institutional settings, 2 in 3 staff members admitted to elder abuse in the past year.
- Specific Facility Data:
- At Willows Center in Parkersburg, nearly double the national average of high-risk residents develop preventable bedsores (14.7% vs. 7.4%). Additionally, 18.6% of residents lost excessive weight—three times the national average.
These reports underscore systemic issues in oversight and staffing within West Virginia’s nursing homes, contributing to widespread neglect and abuse.
To find out if a specific nursing home in West Virginia has been cited for neglect, follow these steps:
- Use the West Virginia Department of Health and Human Resources (DHHR) online facility lookup tool. Visit the OHFLAC (Office of Health Facility Licensure and Certification) website and use their Health Care Facility Lookup page to search for the specific nursing home. From here, you can review the facility’s inspection reports and any citations listed.
- Check the CMS (Centers for Medicare & Medicaid Services) Nursing Home Compare website. This federal resource provides detailed information on nursing homes, including health and safety inspections, staffing, and quality measures.
- Contact the West Virginia Long-Term Care Ombudsman. Call (800) 834-0598 to inquire about specific facilities and any reported issues or complaints.
- File a public records request. Contact the West Virginia DHHR to request inspection reports and complaint investigations for the specific nursing home.
- Consult the “Red Hand” Abuse Citations List. This list includes facilities cited for abuse based on annual health inspections.
- Call the West Virginia Adult Protective Services hotline. Dial (800) 352-6513 to report suspected abuse or neglect and inquire about any existing citations for a specific facility.
These resources can help you gather information about any citations or reports of neglect for a specific nursing home in West Virginia.
Neglect Is Under-Reported
Nursing home neglect is significantly under-reported due to a combination of systemic, individual, and cultural factors. There are several reasons for under-reporting, including:
- Resident Vulnerability: Many residents suffer from physical or cognitive impairments, such as dementia or Alzheimer’s, which limit their ability to recognize or report neglect. Fear of retaliation from staff or the facility is a pervasive issue. Residents may worry about losing care or facing further harm if they report incidents. Feelings of shame or embarrassment prevent some residents from speaking out about their experiences.
- Systemic Barriers: Staffing shortages and inadequate training make it difficult for staff to recognize and report neglect. Complicated reporting systems and a lack of clear guidelines discourage both residents and staff from filing complaints. Poor management and fear of legal or financial repercussions lead some nursing homes to suppress or avoid reports of neglect.
- Cultural and Social Stigma: There is a societal tendency to downplay elder abuse, perpetuating a culture of silence around neglect in nursing homes. Families and residents may not recognize the signs of neglect, mistaking them for normal aging or medical conditions.
- Lack of Accountability: Nursing homes often fail to report incidents to authorities due to fear of civil lawsuits, loss of reputation, or criminal prosecution. Staff may avoid reporting issues internally due to fear of job loss or negative feedback from superiors.
- Ignorance of Reporting Processes: Residents and their families may not know how to report neglect or abuse effectively. This lack of awareness can delay action and allow neglectful practices to persist.
Addressing these challenges requires systemic reforms, including better training for staff, clearer reporting mechanisms, and stronger protections for residents against retaliation.
West Virginia Laws Protecting Nursing Home Residents
Elder abuse in nursing homes is a nationwide problem. Several federal and state laws protect nursing home residents in West Virginia:
Federal Laws
- The Nursing Home Reform Law of 1987 established a Residents’ Bill of Rights, emphasizing individual dignity and independence for nursing home residents.
- The Centers for Medicare and Medicaid Services (CMS) enforce federal nursing home resident rights laws.
West Virginia State Laws
- Section 64-13-4 of the West Virginia Code outlines assisted living facilities’ obligations to uphold nursing home residents’ rights.
- Section 64-13-4.7 requires nursing homes to provide residents with written documentation of their legal rights upon admission.
- West Virginia Code §61-2-29 defines abuse, neglect, and financial exploitation of incapacitated adults and elders and establishes penalties for these offenses.
- §9-6-9 of the West Virginia Code mandates reporting of abuse, neglect, financial exploitation, or emergencies involving incapacitated adults.
New legislation passed in 2025 made elder abuse and neglect a felony, with no requirement to show malicious intent, especially if it results in the death of a resident.
Key Protections
These laws ensure that nursing home residents in West Virginia have the following rights:
- Respect and dignity: Staff must respect residents’ dignity and allow them to make their schedules.
- Freedom from discrimination: Residents are protected from discrimination based on race, color, national origin, disability, age, or religion.
- Freedom from abuse and neglect: Residents have the right to live free from all types of abuse, exploitation, and neglect.
- Proper care and treatment: Nursing homes must develop individualized care plans and provide services that meet each resident’s needs.
- Involvement in care decisions: Residents have the right to be informed about and involved in their medical care.
- Access to advocates: Residents have the right to immediate access to state representatives, ombudsmen, and protection agencies.
- Freedom from unnecessary restraints: Physical restraints can only be used in emergencies under physician’s orders and for limited periods.
Violations of these laws can result in civil and criminal penalties, including fines and imprisonment for severe cases of abuse or neglect.
Reporting Requirements
West Virginia has specific reporting requirements for nursing home neglect:
- Mandatory Reporting: certain individuals, including medical professionals, social service workers, law enforcement officers, and employees of nursing homes or residential facilities, are mandated reporters. As mandated reporters, they must report suspected abuse, neglect, or financial exploitation immediately, and no later than 48 hours after suspicion.
- Reporting Process: Reports should be made to the West Virginia Department of Health and Human Resources’ Centralized Intake for Abuse and Neglect. The toll-free hotline (1-800-352-6513) is available 24 hours a day, 7 days a week.
- Report Content: Provide as much detail as possible about the suspected neglect, including any evidence or observations. For mandated reporters dealing with vulnerable adults or nursing home residents, an APS Mandatory Reporting Form must be completed within 48 hours of suspicion. Reports must be made immediately but no later than 48 hours after suspecting abuse, neglect, or financial exploitation.
- Protection for Reporters: Individuals making reports in good faith are immune from civil and criminal liability.
- Consequences for Failure to Report: Mandated reporters who knowingly fail to report can face misdemeanor charges, fines up to $100, and potential jail time of up to 10 days.
Anyone can report suspected nursing home neglect, not just mandated reporters. If you suspect your loved one is suffering neglect or other abuse, it’s vital to report it promptly to ensure their safety and well-being, as well as other vulnerable adults.
How The Love Law Firm Can Help
We understand that nursing home neglect is an important and emotional issue for everyone involved. The Love Law Firm can provide several important services to help with a nursing home neglect claim:
- Case Evaluation
- Investigation
- Legal representation
- Pursuit of Compensation
- Navigate West Virginia’s nursing home-related laws
- Assist with reporting abuse
- Expert consultation, including medical experts
- Hold the nursing home facilities accountable
We have worked with hundreds of families on behalf of their loved ones and have a deep understanding of West Virginia’s nursing home laws. By leveraging our experience, resources, and extensive legal knowledge, The Love Law Firm can significantly improve the chances of a successful outcome for a nursing home neglect victim.
The Love Law Firm—Protecting West Virginia’s Most Vulnerable Citizens
Entrusting your loved one to a nursing facility is a difficult decision. You expect that they will be safe and well cared for. If you discover that your loved one has been neglected, abused, or otherwise ill-treated, we can help.
Contact The Love Law Firm’s West Virginia nursing home abuse attorney for a free and confidential consultation to discuss your case. Call us today at (304) 344-5683, or send us a message online.
Phone:
(304) 344-5683
