Every resident in Moundsville’s assisted living facilities has certain rights under the law. Many of these rights derive from state statutes that enumerate the obligations of nursing homes to treat their residents with dignity and care. Others are the product of the widespread duty of these facilities to prevent injuries that arise out of accidental harm. Sadly, failures on the part of nursing homes to keep their residents safe are common. When these failures occur and you or a family member suffers an injury, that facility is liable to provide appropriate compensation.
A Moundsville nursing home abuse lawyer may be able to help you and your family pursue a lawsuit that demands proper payments. Our dedicated personal injury attorneys could handle every portion of the claim to protect your or your loved one’s rights and seek financial recovery in and out of court.
The number of senior citizens in the Moundsville area is growing. With this increase in population, more and more people rely on nursing homes to provide both skilled nursing care and a safe living environment. It is no wonder that the state has taken an interest in ensuring that these facilities are taking proper care of their residents.
These laws are present in West Virginia Administrative Code R. § 64-13-4. This lengthy statute outlines the various rights of nursing home residents and the obligations that facilities have to adhere to those rights. Examples include:
In addition to these rights under the state’s statute, assisted care facilities also have a common law obligation to provide a safe living environment. This can include providing skilled assistance with activities such as bathing, dressing, and eating, as well as keeping the facility in a proper state of repair. A Moundsville nursing home abuse attorney could provide you with more information about the rights of residents during a free initial consultation.
Every nursing home must give its best effort to protect residents from harm. However, due to either mistakes or intentional misconduct, injuries that affect residents are common.
Mistakes can take on many forms. Something as simple as not properly noting a medication dosage on a medical chart could lead to serious health complications. Injuries can also result from momentary lapses of judgment when moving a resident from a bed to a wheelchair. Finally, accidental injuries can take the forms of slips and falls or other incidents where an aide was not properly watching the resident.
Of course, abuse can also be the result of intentional misconduct. Unfortunately, assisted living facilities tend to attract many people who wish to retain a feeling of authority over others. Working as a nursing home aide can give many predators this opportunity. A facility that allows an attack to occur may be liable under theories of a failure to properly screen staff or a failure to provide proper training. A proactive nursing home injury lawyer in Moundsville could investigate the cause of your or your loved one’s injury to determine whether a nursing home’s failures contributed to your suffering.
Bordas & Bordas is focused on caring for the vulnerable in our communities and has experience with cases involving mistreatment and malpractice in nursing homes. Our skilled attorneys won a landmark $50 million verdict in Meredith v. Health Care Retirement Corp. of America, which remains one of the largest wrongful death verdicts ever returned in the state of West Virginia.
The nursing home’s understaffing practices led to the unnecessary death of a young woman who entered the facility for rehab and died of severe neglect. The committed team of legal professionals at Bordas & Bordas helped the family hold the negligent facility accountable for their actions and won compensation to help them move forward following their loss.
There is no question that nursing homes in Moundsville have an absolute duty to care for their residents. This includes preventing predators from intentionally harming patients as well as providing all necessary care to prevent accidents. Sadly, the rate of injuries for residents remains steady. Assisted living facilities are liable for these accidents and they—or their insurance company—must provide payments for the costs of medical care and any resulting emotional trauma.
A Moundsville nursing home abuse lawyer could help you and your family pursue these claims for damages. Our determined attorneys work to investigate the cause of an unexplained injury or mental condition and link it to negligent or criminal acts. Armed with this evidence, we could help you pursue fair payments in and out of court. Call today to learn more about elder rights in nursing homes and set up a free meeting with one of our loyal legal advocates.
