Bridgeport Nursing Home Abuse Lawyer

Nursing Home Abuse Attorney in Bridgeport, WV

Choosing to put an elderly loved one in a nursing home can be one of the hardest decisions of your life. It’s often a decision made out of necessity, as you may no longer be able to care for them yourself. Nursing homes are supposed to care for the elderly, giving them the proper medications and therapies they need for daily life. However, nursing home abuse is unfortunately common. You should contact a Bridgeport nursing home abuse lawyer if you suspect maltreatment.

The legal team at Hansberry & Wagoner, PLLC understands how emotionally devastating a nursing home abuse case can be, especially if you are trying to move forward with legal action on your own. West Virginia’s nursing home abuse laws are in place to protect victims, but that doesn’t make them easier to navigate. A Bridgeport nursing home abuse attorney can provide the guidance and advocacy you need. As experienced personal injury lawyers, our team brings over 30 years of combined experience to helping injured individuals and families pursue justice and accountability.

Common Forms of Nursing Home Abuse

If you decide to move forward with a nursing home abuse case in Bridgeport, your case may be filed in the Harrison County Circuit Court, which can be found in nearby Clarksburg. This court handles the majority of complex injury and/or neglect claims in Harrison County. Before filing, you need to make sure your case adheres to the statute of limitations on nursing home abuse cases in West Virginia, which is generally one year from the date of the injury.

There are many different ways that nursing home abuse can manifest, and some may not even appear to be abuse at first glance. To report nursing home abuse, it’s recommended that you file a complaint with the Office of Health Facility Licensure & Certification (OHFLAC). It’s important to remember that up to five million elderly Americans experience abuse every year. Here are some of the most common forms of nursing home abuse that you should report immediately:

• Neglect. Neglect is the most common form of nursing home abuse, as it doesn’t take much to commit. Neglect occurs when a caregiver simply fails to provide their charge with the basic needs they require for their ongoing health and safety. Neglect can be intentional or unintentional, but that doesn’t make it any less painful or terrifying for the victim. Neglect can take the form of unexplained weight loss, bedsores, and poor hygiene.
• Physical abuse. An elderly resident is being physically abused when someone uses deliberate force that results in bodily injury, pain, physical impairment, and even death. This form of abuse can take the form of punching, kicking, slapping, biting, burning, shoving, and even the unauthorized use of restraints. If your loved one has unexplained injuries, they may be the victim of physical abuse.
• Psychological abuse. This form of abuse is often the most difficult one to prove, as it involves inflicting mental anguish, distress, or fear through verbal and nonverbal actions alike. This can involve yelling, name-calling, humiliation, insults, isolation, and threats. Some warning signs of psychological abuse include sudden changes in behavior, avoiding eye contact, and showing fear around certain individuals.
• Sexual abuse. Any unwanted sexual contact of any kind is considered sexual abuse. It can be perpetrated by staff members, visitors, and even other residents. It can consist of unwanted touching, groping, coerced nudity, and sexual assault. If you notice that an elderly resident has torn or stained undergarments, unexplained bleeding, or sudden difficulty walking or sitting, they may be the victim of sexual abuse.
• Financial abuse. This form of abuse is fairly common in nursing homes. It involves the illegal or improper use of a resident’s financial resources, property, and/or assets. Some examples of financial abuse include stealing residents’ valuables, forging their signatures, coercing them to change their will, and engaging in identity theft.
• Abandonment. This occurs when somebody deserts a resident for long periods of time and simply doesn’t check on them. A lot can happen to an elderly resident when they are abandoned, including losing access to food, water, and medication. 

FAQs About Nursing Home Abuse Law

What Are Common Nursing Home Violations?

Unfortunately, nursing home violations are quite common across the country. Some of them include failing to maintain a safe and secure environment, inadequate infection control, neglect, improper medication management, and poor food sanitation. Many nursing home deficiencies stem from a lack of funding or understaffing. If you notice any of this, you should report it to the OHFLAC.

What Are the Red Flags of Nursing Home Abuse?

There are many potential red flags of nursing home abuse. While these actions and behaviors do not always immediately mean that someone is being abused, it’s recommended that you don’t ignore them. Common red flags of abuse include unexplained injuries, sudden behavioral changes, rapid weight loss, poor hygiene, and evasive staff. If you suspect abuse, you should report it to the proper authorities. They can launch a formal investigation.

What Is the Five-Year Rule for Nursing Homes?

The five-year rule for nursing homes refers to Medicaid’s look-back period. In West Virginia, when you apply for Medicaid benefits to cover long-term nursing home care, the state may review all of your financial records from the past five years to prevent you from artificially giving away any assets. If they determine you have made any improper transactions during that time, you may be rendered ineligible for Medicaid.

Should I Hire a Nursing Home Abuse Lawyer?

Yes, you should hire a nursing home abuse lawyer. Taking legal action against a licensed healthcare facility may not be easy. They may challenge the accusation publicly and wage quite a battle for their reputation. You also have to consider the emotional and mental toll a case can take on your elderly loved one. By hiring the right lawyer, you’re giving yourself peace of mind that your case is being handled by someone who knows what they’re doing.

Be Sure to Hire a Nursing Home Abuse Lawyer

At Hansberry & Wagoner, PLLC, we can help you build a strong case, avoid being taken advantage of, and hold the right people accountable. Contact us to speak to a member of our team about how we can help.