West Virginia Nursing Home Abuse Attorney

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West Virginia Nursing Home Abuse Attorney2022-05-27T13:12:40+00:00
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Our nursing home abuse lawyers are ready to help

At Ghaphery Law Offices, PLLC, we hold the elderly with the utmost regard. We believe they should be treated with kindness, care, and compassion, and we are dedicated to defending their rights and those of their loved ones. For this reason, a considerable portion of our law firm’s practice is devoted to obtaining justice for families affected by nursing home abuse and neglect.

It is an extremely difficult decision to place a loved one in a nursing home or assisted living facility. We conduct research to select the ideal facility. Then, we rely on the personnel to ensure that our loved one’s requirements are addressed, their medical conditions are monitored, and they are treated with dignity. However, elder abuse and neglect can occur in any care home.

When the unimaginable occurs and your elderly parent, grandparent, family member, or friend is abused in a nursing facility, you will certainly experience a range of emotions.

Many of our clients find it challenging to confront the truth of what has transpired. It may be difficult to accept that a loved one was subjected to mental, physical, or any sort of abuse or neglect while under the care of an institution you trusted.

Do not let your loved one suffer from nursing home neglect. A nursing home injury is covered in the practice area of personal injury law. Call our Wheeling law office and talk to a compassionate nursing home abuse attorney to help you in your case. 

If your loved one has been mistreated, you have rights.

Nursing Home Abuse attorneyOur attorneys have vast expertise defending victims and families of nursing home abuse and neglect in West Virginia. We recognize the indicators of elder abuse and neglect in nursing homes. We are aware of the following causes of serious and potentially fatal injuries to victims:

  • Hip fractures and other broken bones
  • Brain and head traumas
  • Bedsores
  • Infections
  • Malnutrition
  • Dehydration
  • Urinary tract infection
  • Seizures, heart attacks, or strokes caused by medication

We know that the majority of nursing care accidents are avoidable.

On behalf of your loved one, our firm will strive tirelessly to obtain recompense for your family. Damages such as past and future medical bills, bodily pain and suffering, and emotional distress may be recoverable. If wrongful death is involved, you may be able to recover funeral costs as well as compensation for your grief and mental anguish. Punitive damages may also be sought by our legal team.

What actions should I take if I suspect abuse?

If you feel that your loved one has been abused by a staff member at a nursing home, you can initially address your concerns with the facility’s administrator. Your concerns should be submitted in writing. Additionally, you should save copies of all written responses you receive. Unfortunately, the nursing facility may disregard your complaints or deliver a response that does not address the issues you express.

Symptoms & types of common nursing home abuse in West Virginia

Although the signs of nursing home abuse or neglect might vary greatly, it is vital to be aware of a few typical indicators. For instance, if your loved one’s demeanor has changed abruptly or if they avoid physical contact with you, these may be indications of physical, mental, or even emotional abuse. If a loved one has lost a substantial amount of weight or appears weaker than normal, malnutrition may be the cause. If you feel that your loved one is not receiving proper care at a nursing home in Harrison County, West Virginia, our nursing home abuse lawyer can assist you.

The following are typical examples of nursing home neglect and elder abuse:

  • Physical abuse such as pushing, hitting, or beating.
  • Malnutrition is caused by a lack of adequate food or liquids
  • Incorrect medicine or medical treatment
  • Treatment is denied, resulting in a bad quality of life
  • Any type of sexual abuse is unacceptable.
  • Financial abuse and exploitation, including property theft
  • Treatment failure or a delayed medical diagnosis
  • Teasing or screaming are examples of emotional abuse.

These are but a few examples, but there are a great deal more. Each requires an exhaustive investigation. If you feel your loved one is being mistreated or neglected in a long term care facility, it is imperative that you contact an experienced nursing home neglect attorney immediately to learn more about your legal options. 

An inquiry may also find that the assisted living facility has no policy in place to prevent abuse and neglect, or that the mistreatment of your loved one is only the latest in a series of events involving the facility or its owner.

What causes abuse and neglect?

Abuse or neglect can occur for a variety of reasons, including:

  • Understaffing
  • Inadequate supervision
  • Untrained personnel
  • Failure to conduct background checks on prospective workers
  • Financial mismanagement

Nursing facilities are responsible for preventing abuse and neglect within their facility. When this occurs, it is crucial for families to take vigorous legal action to hold nursing homes accountable for their acts.

Experienced attorneys are aware of what to look for in cases of abuse or neglect. They know how to research situations thoroughly and seek the compensation families are entitled to for injury-related expenditures.

Can I sue a nursing home for negligence or abuse?

You have the right to launch a lawsuit against a nursing home for allegations of abuse or neglect in the majority of circumstances. To successfully sue a nursing home, you will likely need to produce evidence that the nursing home acted recklessly or negligently, resulting in an injury or illness to a family member residing in the institution.

Legally, proving that a nursing home willfully caused your loved one’s injury or illness can be difficult. In addition, each state often has a period (known as the statute of limitations) for initiating legal action, such as filing a lawsuit, against a nursing facility. If you miss the deadline, you may lose your right to file a case or be barred from taking any legal action.

What compensation is my family member entitled to?

Abused elderly residents of nursing homes are entitled to compensation. This compensation can include:

Medical bills

If your loved one was hurt, he or she may be entitled to reimbursement for medical expenses, such as medications, emergency room visits, hospitalization, surgeries, therapy, trips to specialists, and transportation to and from appointments.

Punitive damages

This amount can be included to penalize the abuser for their detrimental actions or behavior and deter others from engaging in similar conduct.

Non-Economic losses 

In certain situations, your loved one may be entitled to compensation for pain and suffering or “quality of life” losses that affect their capacity to enjoy former hobbies or interests.

Working to put an end to nursing home abuse in West Virginia

Our West Virginia nursing home abuse attorney at Ghaphery Law Offices, PLLC is known for putting the client first in all we do. We strive to construct a solid personal injury claim that demonstrates how the injuries of your loved ones were caused by the negligence of nursing home staff, facilities, or physicians. In addition to seeking just recompense for your family, it is our mission to put an end to nursing home negligence. By bringing forward these charges of nursing home mistreatment through an injury lawsuit, we may ensure that they are not permitted to continue these cruel practices. Aside from personal injury, our law firm prides itself in helping clients with other areas of law such as commercial law, estate planning, property disputes and more. Contact us now for a free consultation.