When a loved one enters a nursing home, family members need to know that they are going to be taken care of. Unfortunately, due to systemic understaffing issues and stigma surrounding the level of care for elders, many face abuse and neglect in their daily lives. If this has happened to someone you care about, reach out to a skilled Morgantown nursing home abuse lawyer to understand what to do next.
With over 30 years of combined legal experience, the attorneys at Hansberry & Wagoner, PLLC, have assisted countless residents of West Virginia with their legal issues. When you hire our team, you work directly with one of our experienced attorneys, Edmund Wagoner or Matt Hansberry, from day one of your case.
Our goal is to develop the right approach for your unique needs, and we aren’t afraid to go to trial if necessary. With our experience in legal defense, we have the needed insight into how the other side operates. We use it to our advantage when pursuing justice for our clients.
In 2024,10% of Morgantown residents were 65 or older. Those in Morgantown seeking long-term residential care often choose Morgantown Healthcare Center, Sundale Nursing Home, and Morgantown Heights of Journey.
When elders start living in nursing homes, it’s often up to the family members to keep an eye out for abuse or neglect.
Nursing home abuse or neglect occurs when residents are intentionally hurt by medical professionals and staff in the home. They may also be ignored intentionally or due to understaffing. Common types of abuse in nursing home settings can include:
Abuse in nursing homes is rampant in the United States. Two-thirds of nursing home staff have reported that they have abused those in their care. In 2023, it was reported that one in six elders over the age of 60 in nursing homes experienced some type of abuse.
It’s common for victims to stay silent when experiencing abuse or neglect, often in fear of the perpetrator or not wanting to be a burden on their loved ones.
It’s important to recognize abuse so you can keep your loved ones safe. Major indicators of abuse or neglect can include your loved one:
Another warning sign can be that the nursing home doesn’t allow you to see or visit your loved one without a good reason. If this happens, don’t back down. You deserve to check on their well-being, especially if they haven’t explicitly expressed their desire not to have visitors.
If you notice or suspect abuse at any point, ensuring your loved one’s safety is the main priority. Don’t allow staff members to dismiss your concerns or offer vague explanations. You should hire a nursing home abuse lawyer in Morgantown to explain your loved ones’ rights, along with the legal options for pursuing nursing home abuse penalties against the negligent facility.
You typically have one year to file a nursing home abuse claim in West Virginia. This clock starts either when the incident occurred or when the injuries were reasonably discovered, whichever date is later. However, there is a strict 10-year maximum filing deadline, even if the injuries weren’t discovered until after that point. It’s important to file as quickly as possible to increase your chances of success. If you wait too long, it can be detrimental to your case.
You should collect as much evidence as possible with your Morgantown nursing home abuse attorney. This can include:
Your lawyer can explain what to gather. They can also assist in collecting and preserving evidence for your case.
You could file your nursing home abuse case against multiple people, depending on what happened. Because residents in nursing homes often have several staff caring for them, this may also mean there are various individuals at fault for your loved one’s pain. These can include nurses, aides, staff at the facility, doctors, physical therapists, and even the nursing home itself. Your attorney can explain what specific nursing home abuse laws apply to your case and whom you can file against.
The amount of compensation you can recover in your nursing home abuse case can vary, depending on the unique details of your situation. Economic damages, such as your loved ones’ medical bills, typically have no limit on the amount you can request. Non-economic damages, such as emotional distress, loss of enjoyment of life, and pain and suffering, have a $250,000 cap in West Virginia. However, the cap is $500,000 if the case involves major disfigurement or other severe injuries.
Dealing with the aftermath of abuse can be nearly impossible to handle alone. No matter what happened to your loved one, it’s vital to seek legal counsel with experience in past nursing home abuse and neglect cases. Contact Hansberry & Wagoner, PLLC, today to schedule a confidential consultation. Then, we can discuss the full details of your situation.
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