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Did Your Loved One Suffer Physical Abuse in Their West Virginia Nursing Home?

Our West Virginia nursing home physical abuse lawyers can help you hold the responsible parties accountable and seek compensation for your family. Schedule a free consultation and let us fight for your loved one’s rights.

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Your Nursing Home Physical Abuse Lawyer in West Virginia

When a loved one enters a nursing home, we expect them to receive compassionate care in a safe environment. Unfortunately, some residents suffer from physical abuse at the hands of caregivers, leading to severe injuries and emotional trauma. If your loved one has been harmed, a nursing home physical abuse lawyer in West Virginia is here to help. At Stewart Bell, PLLC, our attorneys are committed to holding abusers accountable and fighting for justice on behalf of vulnerable nursing home residents. Let us protect your loved one’s rights and pursue the compensation they may be entitled to.

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We make it easy to begin your claim. Submit your case today for a free consultation, and we’ll handle the rest.

Protecting Your Family’s Legal Rights

No one deserves to suffer abuse at the hands of those they trust. We have a long history of protecting the rights of senior citizens and obtaining payment for the incalculable suffering they’ve experienced.

No Fees Unless We Win!

There are no upfront fees when you work with Stewart Bell, PLLC. In fact, we don’t charge any fees unless we win compensation for you! No risks, just honest and affordable representation.

What Is Nursing Home Physical Abuse?

Nursing home physical abuse occurs when a caregiver or staff member inflicts harm or pain on a resident. This form of abuse is not limited to striking or hitting but includes any form of physical assault or rough handling that can cause injury or trauma.

Types of Physical Abuse in Nursing Homes

Common forms of physical abuse in nursing homes include:

  • Hitting, slapping, or pushing
  • Restraining a resident without proper cause
  • Force-feeding or improper use of medications
  • Confinement in uncomfortable or unsafe positions

These actions not only cause physical harm but also violate the dignity and rights of nursing home residents. If your loved one has experienced any form of abuse, it’s time to consult a nursing home physical abuse attorney in West Virginia.

Common Signs of Physical Abuse

Physical abuse in nursing homes can often be difficult to detect, especially if the victim is unable or unwilling to report the abuse. Here are some common signs to look for:

  • Unexplained bruises, cuts, or welts
  • Fractures or dislocations
  • Burn marks or pressure sores
  • Sudden changes in behavior, such as fear or withdrawal
  • Refusal to be left alone with certain caregivers
  • Signs of being restrained, such as marks on wrists or ankles

If you notice any of these signs, immediate action should be taken to protect your loved one from further harm.

Recovering Damages in Nursing Home Physical Abuse Cases

If your loved one has been the victim of physical abuse in a nursing home, you may be entitled to pursue a range of damages to help recover the losses and suffering endured. The compensation in nursing home physical abuse cases typically falls into 3 categories:

Economic damages are meant to cover the financial costs directly associated with the abuse. These are tangible expenses that can be calculated and documented, such as:

  • Medical expenses: This includes the cost of hospital visits, medications, rehabilitation, and any ongoing care required due to injuries sustained from the abuse.
  • Therapy or counseling costs: If your loved one requires psychological or emotional counseling to recover from the trauma of the abuse, these expenses can be recovered.
  • Relocation costs: In cases where it becomes necessary to move your loved one to a safer facility, the costs associated with relocating to a new nursing home or care center may also be included.

Non-economic damages cover the less tangible effects of the abuse. These types of damages are harder to quantify as they address the personal and emotional impact on the victim and their family. Examples include:

  • Pain and suffering: Compensation for the physical pain and discomfort endured due to the abuse. This also extends to any long-term physical impairment resulting from the abuse.
  • Emotional distress and trauma: Victims of nursing home physical abuse often suffer significant emotional harm, including anxiety, depression, fear, and humiliation. These damages aim to compensate for the emotional toll of the abuse.
  • Loss of enjoyment of life: If the abuse has diminished your loved one’s ability to enjoy life or engage in activities they once found fulfilling, this loss may be compensated.

Punitive damages are awarded in cases of egregious misconduct where the abuse was intentional or involved extreme negligence. These damages serve 2 purposes:

  • Punishing the abuser: Punitive damages are designed to penalize the individual(s) or institution responsible for the abuse and send a clear message that such behavior will not be tolerated.
  • Preventing future abuse: By imposing significant financial penalties on the nursing home or caregivers involved, punitive damages also act as a deterrent to prevent similar acts of abuse from occurring in the future.

At Stewart Bell, PLLC, we are committed to helping families in West Virginia recover the full compensation they may deserve after enduring such a painful ordeal. Our nursing home physical abuse lawyers will thoroughly assess your case, calculate the total extent of the damages, and fight to ensure that your loved one is compensated for both the financial and emotional consequences of the abuse.

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Relevant Laws Regarding Nursing Home Abuse in West Virginia

Federal and state laws work together to protect nursing home residents from abuse, neglect, and exploitation, ensuring that elderly and vulnerable adults receive the care they deserve.

In West Virginia, the Adult Protective Services Act mandates protection of elderly and incapacitated adults. Under this law, nursing homes and caregivers are required to report any instances of abuse or neglect to the appropriate authorities, and failure to do so can result in serious legal consequences.

On the federal level, the Nursing Home Reform Act of 1987 ensures that all nursing home residents have the right to be treated with dignity, receive proper medical care, and live free from abuse and neglect. This law sets forth specific requirements for nursing homes to ensure quality care and establishes the legal standards by which nursing homes must operate. Failure to comply with these regulations can lead to penalties.

These laws are designed to provide a safety net for vulnerable residents, and they empower victims and their families to take legal action against those responsible for nursing home abuse.

Proving Fault

In cases of nursing home physical abuse, several parties can potentially be held liable, including the individual caregiver responsible for the abuse, the nursing home management for failing to properly supervise staff, or even the facility itself if it was negligent in hiring unqualified employees or maintaining a safe environment. Establishing liability requires demonstrating that these parties either directly caused the abuse or failed in their duty to protect the resident.

To prove fault in a nursing home physical abuse case, it is important to gather valuable evidence such as:

  • Medical records showing injuries
  • Photographs of injuries or unsafe conditions
  • Eyewitness statements from staff or other residents
  • Incident reports or complaints filed with the nursing home

A nursing home physical abuse lawyer can help you build a strong case by collecting evidence and navigating the legal process.

Deadline To File a Claim

In West Virginia, the statute of limitations for filing a claim against a nursing home is 1 year from the date of the injury. It’s important to act quickly and ensure that your case is filed within this timeframe to protect your right to pursue compensation.

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How To Report Abuse in a West Virginia Nursing Home

If you suspect physical abuse in a nursing home, report it immediately to West Virginia Adult Protective Services or file a complaint with the West Virginia Office of Health Facility Licensure and Certification (OHFLAC). Both agencies are responsible for investigating claims of abuse and ensuring the safety and well-being of nursing home residents. It’s important to document any signs of abuse and gather as much information as possible to support your report. Promptly reporting abuse not only helps protect your loved one but also ensures that other residents are safeguarded from potential harm.

How Our Attorneys Will Fight For Your Loved One

At Stewart Bell, PLLC, we are committed to providing compassionate and aggressive representation for families whose loved ones have been victims of nursing home physical abuse. Our approach includes:

  • Conducting a thorough investigation of the nursing home: We will delve into the nursing home’s history, policies, and employee background checks to uncover any patterns of neglect or abuse. This helps to establish whether the facility was negligent in its care or supervision.
  • Gathering evidence to build a strong case: Our legal team will obtain and review medical records, eyewitness testimonies, photographs, and any other pertinent documentation that supports your claim. We work to leave no stone unturned in uncovering the truth.
  • Working with medical experts to document injuries: We collaborate with trusted medical professionals who can provide expert testimony on the severity of your loved one’s injuries and link them to the abuse they endured in order to prove the extent of harm caused.
  • Holding the responsible parties accountable: Whether it’s an individual caregiver, a supervisor, or the nursing home itself, we will pursue all liable parties to help ensure they are held legally responsible for their actions or failures.
  • Fighting for maximum compensation for your loved one’s injuries and suffering: We will aggressively pursue full compensation to cover medical expenses, emotional distress, pain and suffering, and any other applicable damages. Our goal is to help your family achieve justice and financial relief.

Our dedicated team of West Virginia nursing home abuse attorneys will be with you every step of the way, providing support and legal guidance as we work to protect your loved one’s rights and secure a fair outcome.

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Our West Virginia Nursing Home Physical Abuse Attorneys

Charleston Personal Injury Lawyer Jeff David Stewart

Attorney Jeff David Stewart

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A photo of Allison Santer standing in her office

Attorney Allison R. Santer

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Katherine H. Arritt

Attorney Katherine H. Arritt

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Personal Injury Lawyer Andrew Paternostro

Attorney Andrew L. Paternostro

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Frequently Asked Questions

Here’s what to do if you suspect abuse in a nursing home: immediately remove your loved one from harm, report the abuse to the appropriate authorities, and contact a nursing home physical abuse lawyer in West Virginia to discuss your legal options.

Yes, you can file a lawsuit against the nursing home if you can prove that their negligence or actions directly led to the physical abuse of your loved one.

Compensation depends on the severity of the injuries, the emotional impact on the victim, and other factors. Our attorneys will fight for full compensation to cover medical costs, pain, suffering, and more.

Yes, you can and should relocate your loved one if you suspect they are being abused. It’s important to prioritize their safety. Additionally, you should report the abuse and consult with an attorney to hold the responsible parties accountable.

The duration of a nursing home abuse lawsuit depends on the complexity of the case and whether a settlement is reached or it goes to trial. Some cases may be resolved in a few months, while others may take longer. Your attorney can provide a clearer timeline based on your case.

At Stewart Bell, PLLC, we work on a contingency fee basis, meaning you don’t pay any upfront fees. We only get paid if we successfully recover compensation for your loved one, making it easier for families to pursue justice without worrying about financial strain.

Consult With a Nursing Home Physical Abuse in West Virginia—No Upfront Cost

If you suspect that your loved one has suffered physical abuse in a nursing home, don’t wait to seek help. As your West Virginia nursing home physical abuse lawyer, Stewart Bell, PLLC, is ready to fight for justice and help ensure your family receives full and fair compensation. We work on a contingency fee basis, so you don’t pay unless we win your case. Contact us today to schedule your free consultation and take the first step toward protecting your loved one’s rights.

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For more than 30 years, the lawyers of Stewart Bell, PLLC have helped the people and businesses of West Virginia protect their interests and rights. We understand the issues that injured people and their families face after an accident and work quickly to obtain the MAXIMUM amount of compensation for every case we handle.

We have recovered MILLIONS of dollars for clients injured because of nursing home abuse, motor vehicle accidents or medical malpractice.

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