Charleston, WV Nursing Home Abuse & Neglect
West Virginia is a state where beautiful mountain views are never far away, even from the biggest cities like Charleston. With its low cost of living for its residents, Charleston has become a popular location for older folks who are looking for the ideal place to spend their later years. Citizens and tourists alike can enjoy live music such as bluegrass, and the city also offers food and various types of recreation for all ages.
West Virginia as a whole is a great place to retire. According to the US census, about 20% of the population is 65 years of age or older. In terms of rankings, WV sits at a comfortable third place in the nation for retirement. Contributing to this ranking are factors such as quality health care, low taxes, and affordable living in assisted living facilities and nursing homes. West Virginia is home to 123 nursing homes, and Charleston itself houses more than 15. However, despite the wide variety of choices within the city itself, it is important to remain vigilant; even the highest rated homes are not immune from subpar care standards.
If your loved one lives in a nursing home in Charleston, it is important that you take the time to ensure that they are properly cared for. If you suspect that someone you love is experiencing abuse or neglect in the nursing home that you are entrusting with their care, you do not have to navigate this challenging situation alone. Attorneys who focus on elder abuse and nursing home negligence like those at Senior Justice Law Firm are happy to help you understand your options.
Nursing Home Abuse in Kanawha County West Virginia
Nursing home abuse is a common occurrence nationwide, and that does not change within the borders of West Virginia. Unfortunately, the Charleston area has higher than average incidents of nursing home negligence. Additionally, there are more nursing home abuse lawsuits filed in Kanawha County than almost any other West Virginia location.
Nursing homes often violate the rights of patients, causing both bodily harm and undue stress and mental hardship. Your loved one has rights as a person and as a nursing home resident in Charleston. These include:
- The right to be treated with respect, individuality, and dignity
- The right to be informed of services and fees of the nursing home
- The right to manage their own money or set up a trust with someone else
- The right to privacy and the ability to keep personal belongings
- The right to be informed about medical conditions and medication
- The right to have a say in scheduling
- The right to a home-like environment
If you believe that your family member has been denied one of these rights, or if they have been physically or emotionally harmed as a result of their care, it is important to discuss these concerns with a lawyer who can determine whether this mistreatment may warrant a case.
Nursing homes in the state of West Virginia have seen more than 3,693 deficiencies, resulting in penalties of $2.9 million—and that number is constantly climbing. In West Virginia, about one in four nursing homes has had a serious deficiency at some point. Almost all nursing homes in Charleston have had deficiencies of some kind, ranging in severity from serious “K” violations that involved patterns of significant threats to patients’ health to “C” violations that had potential for harm and widespread deficiencies. These statistics mean that it is very likely that your loved one lives in a nursing home where some type of abuse or negligence has occurred.
Medicare gives nursing homes star ratings based on health inspections, staffing, and quality of care as their primary metrics. Of the 16 nursing homes within 25 miles of the city center in Charleston, over half have ratings of two stars or less. Below average ratings such as these mean that if your loved one resides in an area nursing home, it is important to be vigilant about their care.
Injuries Suggestive of Charleston Nursing Home Neglect
Nursing home negligence is not commonly reported. In fact, it is usually concealed. Further, the victim oftentimes cannot say what happened. So to prevent elder abuse and neglect, we need to examine the injuries sustained and work backwards from there.
The most common types of injuries that residents experience in Charleston nursing homes generally match what troubles nursing home residents nationwide:
Why Do Charleston, WV Nursing Home Injuries Occur?
Often, these preventable nursing home injuries arise because nursing homes fail to staff their facilities properly. In an effort to benefit as much as possible from the razor thin margins afforded by Medicaid payments, many nursing homes elect to cut payroll and staffing costs while boosting the number of residents. This results in too few staff to care for the number of older folks living in the home—a critical factor behind violations and a driver for lawsuits when residents are neglected.
Basically, corporate cuts staff to make the company more profitable. The corporate boardroom puts its profit margin over patient safety. And since it is dollars that motivated the nursing home’s misconduct, the only remedy to fix the problem is to take money away from the negligent nursing home. This is exactly why the West Virginia legislature has given your family the legal right to seek justice and money damages when a nursing home has failed your loved one.
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