West Virginia Nursing Home Abuse Lawyers

Nursing Home Abuse & Elder Neglect in West Virginia

Nursing home abuse occurs when a resident is harmed, mistreated, or neglected by staff or caregivers in a long-term care facility. Abuse can take many forms, ranging from physical harm to emotional distress, financial exploitation, or inadequate care.

Abuse is not limited to intentional acts; neglect—such as failing to provide proper hygiene, nutrition, or medical attention—can also constitute abuse under West Virginia law. Recognizing the signs of abuse early is critical to protect the well-being of your loved one and pursue legal remedies.

While West Virginia ranks ninth in the U.S. for elder abuse protections, nursing home abuse is still a prevalent problem in our state and across the country. According to the National Council on Aging (NCOA), up to five million older Americans are abused every year. Understaffing, neglect, and corporate greed are powerful contributors to the tremendous harm inflicted on older adults and their loved ones. 

Common Types of Nursing Home Abuse

• Physical Abuse: Physical abuse includes any mistreatment leading to physical pain and bodily injuries, such as kicking, tripping, shoving, and the inappropriate use of restraints. Some warning signs include bruises, bleeding, fractures, and broken bones. 
• Emotional Abuse: Emotional or psychological abuse occurs when a person psychologically coerces or manipulates another to cause emotional distress, such as name-calling, belittling, harassing, humiliating, gaslighting, and verbally assaulting residents. 
• Financial Abuse: Financial or economic abuse occurs when a resident is exploited for personal gain, such as misusing powers of attorney, completing unauthorized transactions, and restricting access to bank accounts and financial information. 
• Sexual Abuse: According to the World Health Organization (WHO), sexual abuse is the least reported type of nursing home abuse. It isn’t limited to rape, but includes all unwanted sexual conduct, from inappropriate touching to coerced nudity. 
• Neglect: Nursing home neglect occurs when staff fail to meet a resident's basic needs, including adequate access to food, water, hygiene care, and medical treatment. Some red flags include bedsores, malnutrition, infections, poor hygiene, and emotional distress.

Common Causes of Nursing Home Abuse

Several factors contribute to nursing home abuse, including:

• Staff Shortages and Overwork: When facilities are understaffed, caregivers may be unable to provide adequate attention and care.
• Lack of Proper Training: Untrained or inexperienced staff may unintentionally harm residents or fail to meet their medical needs.
• Inadequate Oversight: Poor management, lack of supervision, or failure to enforce policies can create an environment where abuse occurs.
• Resident Vulnerability: Seniors with cognitive impairments, such as dementia or Alzheimer’s disease, are often at higher risk.
• Intentional Misconduct: In some cases, abuse is deliberate, stemming from frustration, negligence, or financial motives.

Understanding the root causes helps families identify preventable risk factors and strengthens legal claims.

West Virginia Nursing Home Laws & Resident Rights

West Virginia has strict regulations designed to protect nursing home residents. The West Virginia Department of Health and Human Resources (DHHR) oversees long-term care facilities and enforces state and federal standards. Key regulations include:

• Staffing Requirements: Facilities must maintain adequate staffing levels to meet residents’ needs.
• Resident Rights: Every resident has the right to be free from abuse, neglect, and exploitation.
• Care Standards: Nursing homes must provide necessary medical care, nutrition, and personal hygiene.
• Mandatory Reporting: Staff are required to report suspected abuse to authorities.

The Office of Health Facility Licensure and Certification (OHFLAC) is the state agency responsible for regulating nursing homes, overseeing the licensing of facilities, and investigating complaints of elder abuse and neglect. If you suspect nursing home abuse, you can file a report with OHFLAC by calling their hotline at 1-800-442-2888 or submitting an online complaint on their website. At McHugh Fuller Law Group, we understand the sensitive and emotional nature of these cases and are committed to guiding you through the legal process with care and precision. 

Who is Liable?

Determining liability in a nursing home abuse case can be complex. Potentially responsible parties may include:

• Nursing Home Staff: Caregivers, nurses, or aides who directly caused harm through abuse or neglect.
• Facility Management: Administrators who fail to provide adequate staffing, training, or supervision.
• Medical Professionals: Doctors or healthcare providers who neglect proper care or fail to report abuse.
• Third-Party Contractors: Outsourced services, such as cleaning or therapy providers, may also be liable if their actions contributed to abuse.

Establishing liability often requires thorough investigation, including reviewing medical records, interviewing witnesses, and consulting experts.