Winter weather in West Virginia is beautiful, but it can also be a serious hazard for seniors living in nursing homes. Unlike young or middle-aged adults, elderly people tend to be more vulnerable and unable to keep themselves safe from the dangers of snow, ice, freezing temperatures, and fickle weather. 

Generally, residents of nursing homes are dependent on their caregivers to do everything from keeping conditions safe overall to preventing exposure to potential dangers to closely monitoring their health and behavior. When nursing homes do not take into account the changes in staffing, supervision, and safety precautions that winter weather demands, the risk of serious injury to their residents can skyrocket.

If your loved one was injured in a West Virginia nursing home during the winter months, many of these injuries are preventable and could have been avoided if the facility had taken the time to plan ahead, to protect residents, and to pay attention. When you understand the causes of winter injuries—and what makes them the responsibility of the nursing home—you can help ensure that your family takes action to get answers and justice.

How Nursing Home Negligence Leads to Winter Injuries

Not all winter injuries are the result of unavoidable conditions or bad luck. In fact, the underlying cause in many of these cases is negligence. If a resident suffers frostbite because they were left outside without a coat, or another resident falls on an unshoveled walkway, these incidents are likely the result of the nursing home failing to follow basic safety procedures.

Negligence is also at play when staff cannot or will not provide a reasonable explanation of how an injury occurred. Families sometimes hear vague or even inconsistent explanations such as, “She wandered out while we were busy,” or “The ice formed faster than we could manage it.” The winter season brings predictable hazards, and nursing homes are expected to have both protocols and personnel in place to prevent them from leading to serious injuries.

Indoors, residents can encounter hazards such as cold rooms, wet floors near entrances, or a lack of lighting during the shorter winter days. All of these environmental problems are preventable if the facility takes proper care to address them. By not making necessary corrections, a nursing home is putting its vulnerable residents at serious risk.

Similarly, many injuries are the result of caregivers not following individualized care plans. Residents with dementia or serious mobility issues are at increased risk for injury, especially during the winter months, and may have specific supervision needs. For example, a resident who is known to wander or walk away from their wheelchair should never be given access to an unsecured door or window. A resident who is unable to walk without assistance should not be attempting to move around slippery hallways. When nursing homes ignore the recommendations in their own care plans, accidents become inevitable.

What Families Should Do After a Winter Injury in a Nursing Home

If your loved one suffers an injury that is related to the winter, it is important to act quickly. Start by getting them prompt medical attention, even if the nursing home downplays the injury. A doctor can determine if your loved one suffered harm as a result of cold exposure, a fall, delayed care, or another form of neglect.

After that, document what you can. Take photographs of the injury, the area where it occurred, and any hazardous conditions you notice, like ice, snow, wet floors, broken alarms, and more. Write down all of the details your loved one tells you, and write down anything the staff members say. It can be helpful to write this information down as soon as possible after the incident, when details are fresh.

Request copies of medical records, care plans, incident reports, and any monitoring logs. These can show whether the nursing home followed appropriate safety precautions, and whether there were enough staff on duty to provide care at the time the injury occurred.

Finally, talk to a West Virginia nursing home neglect and abuse attorney. Winter injury cases are frequently complex, and nursing homes and facilities may try to shift blame for the injury to weather or to “unavoidable” conditions. An attorney can investigate what happened, gather evidence, and determine whether the nursing home was negligent.

Nursing Homes Have Clear Obligations—Regardless of the Weather 

Nursing homes in West Virginia have a legal duty to keep their residents safe at all times, regardless of weather conditions. Winter does not alleviate this responsibility. On the contrary, during winter months, facilities must take extra precautions, not fewer. They should be planning and preparing for icy conditions, carefully supervising residents, maintaining staffing levels, monitoring temperatures, and making sure residents are dressed and protected. When nursing homes fail to meet these basic standards, and a resident is injured as a result, they can be held accountable.

With the right planning, supervision, and staffing levels, nursing homes can and should protect their residents from falls, frostbite, hypothermia, infections, and other seasonal hazards. When they fail to do so, vulnerable residents are the ones who suffer.

Work with an Experienced West Virginia Nursing Home Abuse and Neglect Attorney as Soon as Possible

If your loved one was injured in a West Virginia nursing home this winter, you have the right to answers—and your loved one has the right to be protected from further harm. An attorney with experience in nursing home negligence can help your family uncover the truth and fight for the care and justice you deserve. Contact our office immediately to discuss your rights and options under the law.