When a nursing home resident is abused or neglected, the results can be devastating for the individual and their family. Understanding the different types of nursing home abuse and neglect provides a person with the best possible opportunity to protect a loved one. 

What is Nursing Home Abuse?

Residents of nursing homes are especially susceptible to being intentionally harmed by staff members or even fellow residents. Physical and emotional abuse abounds in certain environments within a nursing home. Residents may unknowingly be financially abused if they are not keeping an eye on their personal finances. 

Physical abuse may incorporate pushing, hitting, or being overly aggressive in helping a resident care for themselves or move about the nursing home. Emotional abuse may not involve placing hands on a resident but, rather, yelling or being verbally aggressive with an individual. 

Sexual abuse combines elements of both physical and emotional abuse. Unwanted sexual advances, touching, or assault all constitute sexual abuse in a nursing home.

What is Nursing Home Neglect?

Failing to provide the requisite care to residents defines nursing home neglect. That failure to provide care foreseeably leads to the resident suffering harm and being placed in a dangerous circumstance. Failing to provide medical care (including prescription medicine), food, water, and a safe place to live are examples of medical neglect. 

Nursing home residents depend on their caretakers to provide the essentials of life. When food and water are not available to residents, the nursing home resident will suffer as a result. In addition to providing residents with essentials, they must also receive hygiene care. As needed, a nursing home resident must receive help with basic activities of daily living.

The Tell-tale Signs of Nursing Home Abuse

Nursing home residents are vulnerable to being abused. As a result, a family member must be watchful in monitoring for common signs of abuse exhibited by their loved one.

An initial sign of nursing home abuse is a significant change in a resident’s personality. Fluctuating moods, anxiety about certain situations, or even becoming socially withdrawn may be an indicator of nursing home abuse.

Signs of nursing home abuse that are most obvious to an onlooker involve bruising, broken bones, and cuts. Poor hygiene is also often noticeable to fellow residents and family members. 

How to Receive Compensation After Suffering Abuse in a Nursing Home

When a nursing home, its staff, or a third-party contractor abuses or neglects a resident, it is normal for the victim and their family to feel helpless, searching for answers in an environment where no answers appear to be straightforward. 

With that said, victims of nursing home abuse or neglect may be compensated for suffering harm. A range of harms may be suffered by a person in a nursing home abuse case. With physical injury, emotional trauma, and missed time at work all possible, there is no time to waste when it comes to creating a plan geared towards the recovery of damages. 

What Type of Medical Expenses May an Injury Victim Incur in a Nursing Home Abuse Case?

A nursing home abuse victim may suffer a range of possible injuries. Given the advanced age of most nursing home residents, it is crucial for victims to receive medical care as quickly as possible. Initial treatment for injuries may be received at an emergency room. After an emergency room visit, follow-up care with their primary care doctor or a referral to a specialist can increase total medical costs. 

Protecting against Nursing Home Abuse in West Virginia

The state of West Virginia has laws in place that protect nursing home residents from the threat of abuse or neglect. For a nursing home resident, their rights under state law are a crucial tool to help keep them safe. How does West Virginia protect its citizens from nursing home abuse and neglect? Consider the following:

• Nursing homes must be staffed sufficiently. This ensures residents’ needs can be met at all hours of the day. Care and attention are especially critical for those residents who have chronic medical issues and are unable to attend to their own needs. 
• All nursing homes need to be licensed by the state. Licensing requirements are based upon an assurance that safety and resident care are a top priority of the nursing home operators. 
• Nursing homes face steep penalties for violating state law related to licensing, staffing, and safety. 

What to Do If Nursing Home Abuse or Neglect Occurs

Nursing home residents are often in a position where they are not able to advocate effectively for themselves in the event of nursing home abuse or neglect. For that reason, loved ones of a nursing home resident often take on the responsibility of beginning the process of addressing the wrongs committed against them.

First, suspected acts of nursing home abuse and neglect should be reported to the Department of Health and Human Resources. When the abuse or neglect is particularly egregious, it is also wise to notify law enforcement. Unlike state governmental authorities, law enforcement can respond immediately. 

State and local agencies should be contacted in hopes of filing an abuse claim. The more evidence available to support the claims being asserted, the better. Witness statements are critical- especially when a nursing home resident struggles to communicate verbally. 

Speaking with a West Virginia Nursing Home Abuse Attorney

Critical evidence may be lost while waiting to determine the best way to proceed in a nursing home abuse case. A West Virginia nursing home abuse attorney can help an injury victim move forward with confidence by filing a claim, taking appropriate legal action, and collecting valuable evidence.

Contact Crim Law, PLLC for a Free Case Review

Don’t allow your loved one’s rights to be taken from them. Contact Crim Law, PLLC today. Our team of experienced West Virginia nursing home abuse attorneys offers free case reviews.