It seems like your loved one has been quieter lately, or perhaps you’ve recently realized that their finances don’t seem to add up. Or maybe you’ve noticed a new bruise on their skin every time you visit every time you have visited lately.
There’s something wrong, and while you were unable to pinpoint what that is before, now you have a better idea: Your loved one is being abused or neglected.
You know you need to address what’s happening with someone, but you’re unsure who. Read on, where we’ll discuss how to report nursing home abuse and neglect in West Virginia.
Reporting Elder Abuse in West Virginia
If you suspect someone near and dear to you is enduring mistreatment in West Virginia, knowing the appropriate actions to pursue is crucial.
First, immediate risks to life and limb demand dialing 911.
In other scenarios, it’s essential to be aware of whom to reach out to for help. Those entities you may want to contact include:
- The West Virginia Adult Protective Services (APS): This should be your first call if you’re reporting suspected elder abuse. They investigate allegations of physical, emotional, and financial harm, among others. Filing a report with APS can be done either by phone by calling the agency’s 24-hour hotline at 1-800-352-6513 or in person by visiting your nearest Department of Health and Human Resources (DHHR) office.
- The West Virginia Attorney General’s Office: Calling this state agency at 1-866-241-5062 is appropriate if the concern involves money matters, as they help with financial exploitation.
- The West Virginia Long-Term Care Ombudsman Program: This is another agency you may want to report abuse and neglect to by calling 1-800-834-0598. Doing so in conjunction with an APS report may be warranted.
What Information Should You Have Ready When You Make a Nursing Home Abuse Report?
No matter the entity you reach out to, having the following information on hand related to the victim and the suspected nursing home abuse or neglect can be important for the proper recording of and action on your report:
- Information about the victim: This should include their name, age, and the name and address of the nursing home where they reside.
- Details about the incidents involving abuse or neglect: You should have on hand details such as what the alleged perpetrator’s name is, when and where the mistreatment occurred, contact information for any witnesses, any injuries your loved one sustained, and whether you suspect that your loved one is in imminent danger of suffering further harm.
When To Get an Attorney Involved
Deciding if and when to get a nursing home abuse attorney involved is wholly up to you.
While there’s nothing that replaces the necessity to call 911 to have law enforcement or paramedics handle an emergency situation, many victims or their family members do tend to reach out to us first when there has previously been abuse or it’s currently occurring, and one’s life isn’t in immediate peril.
Why might you reach out to a lawyer to discuss the abuse before filing a complaint or report with one of the government agencies listed above? Many times, victims, their loved ones, or even mandated reporters (such as doctors and social workers) do so to:
- Learn more about their rights: They want to make sure they comply with their legal obligations and won’t personally face legal exposure for reporting what happened. In the case of victims, they want to know whether their rights were indeed violated and, if so, what legal options are available to them to hold liable parties accountable.
- Ask about agency reporting: Knowing which agency is most appropriate to report the abuse to can be hard to make sense of, which is why individuals will often reach out to us first. They also tend to do so to understand what to expect to occur after reporting the abuse.
- Find out more about when to file a lawsuit against a nursing home. Certain requirements must be met to file a legal case. First, a case must meet the elements of negligence. In other words, a person must have a provable case and have amassed enough evidence to have a successful one.
In the case of the latter point, many victims may have a valid case. However, the damages sustained may not be significant enough to warrant getting a lawyer involved. If this is a concern, you can expect an attorney to discuss it with you during your consultation with them.
Here at Forbes Law Offices, the initial meeting with an attorney who is experienced in handling nursing home abuse cases like these is entirely free.
So, contact us to discuss what happened to you or your family member so we can discuss the best next steps based on the ones you’ve already taken.
