Each year, countless families throughout Charleston and elsewhere in Kanawha County make the hard choice to place their special needs or elderly loved ones in an assisted living facility in hopes they will receive the level of attention and personal care they require daily.
Unfortunately, not all facilities are created equally and their staff isn’t of the same caliber, so the treatment residents receive can be inferior to what they need and deserve.
The National Academies study published by the National Library of Medicine previously stated that, “Ten percent of the nursing homes in the United States were cited for abuse violations that caused actual harm to residents or placed them in immediate jeopardy of death or serious injury.”
This is where a Charleston nursing home abuse lawyer can be an invaluable asset, providing sound guidance and advice when someone like you is concerned for the well-being of someone close to them, and needs support in navigating these legalities. An initial case consultation with us at Forbes Law Offices is free, so reach out to schedule one now.
Abuse that occurs in nursing homes can take on many forms, including:
As for the latter point, according to the National Council on Aging, the annual loss by victims of financial abuse is estimated to be at least $28 billion.
Abuse isn’t the only type of adverse treatment that nursing home residents are subjected to, though. Neglect is also common.
Any instances in which a resident’s basic needs aren’t addressed, such as the following, may constitute neglect:
Of course, many other kinds of abuse or neglect occur in nursing homes, but the ones listed above occur most often.
There are tell-tale signs of abuse or neglect, some of which we highlighted above. Concerns that should raise the alarm include:
While there may be a plausible explanation for some of these medical situations or shifts in behaviors, there isn’t any valid excuse for others.
If you believe that a loved one is being abused or neglected by a residential care facility, don’t ignore it. Instead, be sure to consult with a Charleston nursing home abuse lawyer so that they can assess the validity of your concerns right away. Time is of the essence to preserve safety and evidence.
Government statistics regarding nursing home abuse in Charleston, WV can be hard to come by. One reason it’s particularly challenging to find this data is because the age range of residents at these assisted living facilities can vary significantly. National statistics even tend to focus their attention on the elderly population living in these facilities and not the whole population.
However, the NCOA resource shared above outlines how:
The NCOA site referenced above outlines how nearly 47% of abuse and neglect of elders is inflicted upon victims by family members.
A resident’s family members aside, the following people are also commonly named as defendants in nursing home abuse civil cases:
It’s also not uncommon for others’ family members, fellow residents, and even uninvited parties who may gain access to an unsecured facility to also inflict ill-treatment upon those living in these facilities, ultimately resulting in them facing civil legal ramifications for doing so.
Also, according to previously mentioned NCOA research, just under 7% of older adults victimized are unclear as to who their abuser is.
Your initial inclination may be to report concerns you have to your relative’s immediate caregiver, the manager on duty, or their assisted living facility’s executive team. However, that’s not always the best choice. Why? It may endanger your family member’s safety or life even more, and it may lead them to destroy any potential evidence proving their wrongdoing. So, what should you do instead?
Consider calling one or more of the following:
As for that last option, here at Forbes Law Offices, we offer free consultations to prospective clients who have faced suspected mistreatment in their nursing care facility and want to learn more about their rights, including their legal options for filing a civil lawsuit.
You or your abused loved one can’t just say that they were subjected to ill-treatment and have such allegations taken at face value. Instead, there are four elements of negligence you must prove in a case like this, including:
Any harm that someone else, like a caregiver, inflicts on a nursing home resident, no matter their age, may constitute abuse or neglect, both of which are potentially compensable acts. A resident of an assisted living facility who is mistreated and suffers injuries or an illness as a result may qualify to receive compensation for the following losses by filing a lawsuit:
And, if your loved one, unfortunately, lost their life after being abused or neglected, West Virginia law may entitle you to file a wrongful death lawsuit to recover compensation for their end-of-life medical care, funeral and burial costs, and future lost earnings.
As with most civil cases, it’s not necessary to have a lawyer represent or help you when filing a claim or lawsuit against someone who harmed you or a close family member at an assisted living facility, but it’s advisable to do so.
Why?
First, when you’re represented, you can rely on your legal team to handle all conversations with facilities and their liability insurance adjusters. That’s crucially important because anything you say or do can affect the outcome in your case, such as any settlement offer they make.
Second, it has to do with legal counsel knowing:
Nursing home abuse is a serious issue that requires immediate and effective action.
At Forbes Law Office, we provide essential support, guiding families like yours through the legal process and fighting for your right to justice and compensation.
By gathering evidence, thoroughly investigating what happened, determining liability, pursuing legal action, and securing appropriate compensation, a Charleston nursing home abuse lawyer in our office can help you and your family seek justice and hold negligent parties accountable.
Choosing the right attorney and taking prompt action are critical steps in protecting the rights and well-being of our elderly loved ones.
Contact us today for a free consultation.
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