How to recognize, report, and document neglect—and when to seek legal action.
The decision to place a loved one in a nursing home can be stressful and emotional. In many cases, the decision amounts to transferring the care of a vulnerable family member to strangers. And sometimes those strangers don’t always prioritize your loved one’s best interests, resulting in poor care, dangerous living conditions, and harm.
Unfortunately, resident neglect in nursing homes and other long-term care facilities is a common problem in West Virginia and elsewhere. An industry motivated by profits and plagued with staffing shortages, high-stress work environments, and inadequate oversight doesn’t always properly look after those they are in business to care for.
If you suspect your loved one is subject to neglect in a West Virginia nursing home, you’re not alone. You’re also not powerless to do something about it.
To protect your loved one, it’s important to know how to spot the warning signs of neglect, and how to take action to make things right.
What Is Nursing Home Neglect?
While the mistreatment of nursing home residents is troubling, heartbreaking, and more common than it should be, it’s important to understand the difference between abuse and neglect.
Abuse of residents entails the intentional infliction of harm. Examples of abuse can include physical injury, emotional harm in the form of threats, intimidation, or humiliation, non-consensual sexual contact, or exploitation or misuse of the individual’s funds.
Neglect, meanwhile, results from the facility’s failure to take proper care of the individual. While not typically intentional, like abuse it can take multiple forms.
These include not tending to the individual’s basic needs, such as not providing adequate food or water or not caring for their personal hygiene. Neglect can also mean failing to provide needed medical care, or the individual living in unsafe or unsanitary conditions.
The only good thing about nursing home neglect is that it can be prevented. It may also indicate legal liability on the part of the nursing home and its staff.
Common Signs of Nursing Home Neglect
If you suspect your loved one might be a victim of nursing home neglect, there are signs you can look for—and which you shouldn’t ignore. They can include the following:
Physical Signs
- Has your loved one developed bedsores (pressure ulcers)?
- Have there been episodes of unexplained or frequent falls?
- Are they showing signs of poor hygiene, weight loss, or dehydration?
Emotional & Behavioral Changes
- Has your loved one become withdrawn or depressed?
- Do they appear to be fearful around staff?
- Have there been sudden changes in their personality?
Environmental Red Flags
- Is your loved one living in unsanitary conditions?
- Is the facility understaffed or do staff members regularly appear to be stressed or overwhelmed?
- Are there delays in staff responding to residents’ calls for help?
What to Do If You Suspect Neglect
If you see any of the signs described above and suspect neglect, you should trust your instincts. Remember, if something feels off, it’s worth looking into.
Speak with staff or supervisors about your concerns. If they are dismissive or if care doesn’t improve, escalate your concerns to the facility’s senior management or ownership.
While not all concerns can be addressed or corrected immediately, remember, the most important thing will be to ensure your loved one’s safety. You should expect that anything that can and should be changed quickly to create a safe environment for your loved one to be dealt with immediately.
Also, keep in mind that family members that visit regularly and speak up with concerns typically attain better care for their loved ones.
How to Report Nursing Home Neglect in West Virginia
Instances where neglect is serious or widespread in a facility, where residents are living in unsafe conditions, or where staff or management has failed to address complaints may warrant reporting the facility to the proper authorities.
In West Virginia, reports of neglect should be directed to the Office of Health Facility Licensure & Certification (OHFLAC).
In addition, Legal Aid of West Virginia offers a Long-Term Care Ombudsman service, a statewide advocacy that ensure the rights of residents in long-term care facilities such as nursing homes.
If you suspect your loved one is in danger or has been the victim of a crime related to nursing home abuse or neglect, you should contact local or state law enforcement authorities.
Whichever avenue you choose for reporting, it’s important to do so in a timely manner, so the claim can be fully and accurately investigated and addressed. Immediate reporting also can help to ensure your loved is out of immediate danger and begins receiving the care they need and deserve as quickly as possible.
How to Document Signs of Neglect
In addition to timeliness, it’s important that you have gathered proper evidence.
If you suspect neglect, you can validate your suspicions by doing the following:
- Taking photos or videos of injuries or poor conditions.
- Keeping a written log, including dates, times, and your specific observations.
- Saving all medical records and communications related to the neglect and your requests for changes.
- Gathering the names and contact information of witnesses who can corroborate the neglect.
Capturing this documentation and evidence will be critical to protecting your loved one’s—and your own—rights, especially if you or the facility chooses to involve the authorities or seek legal counsel.
When Neglect Becomes a Legal Case
If you believe your loved one has been the victim of nursing home neglect, you may have grounds for legal action.
Nursing homes have a duty to properly care for their residents and provide safe living environments. When they fail in this duty, through their actions or inaction, they may be negligent and subject to a legal claim.
Families have grounds for a legal case against a facility when neglect—injuries, health conditions, distress, accidents—could have been prevented through proper care or staff supervision. Through legal action families may be able to seek reimbursement for neglect-related medical care, damages for physical or emotional harm, and coverage of their legal fees.
An attorney can help you determine if you have a case and what may be fair compensation to seek through legal action.
How an Attorney Can Help
An attorney can be an invaluable partner in helping address nursing home neglect.
The attorneys of Tiano O’Dell have years of experience fighting for residents and their families. They can investigate your claims of neglect, offer advice on the evidence you need to preserve, and navigate the web of complex regulations that govern the nursing home industry.
A caring attorney can also be an advocate for accountability and justice, helping ensure your loved one gets the care they need and deserve at a point in life when they are especially reliant on others.
Awareness + Action
Nursing home neglect can be unpleasant and uncomfortable to confront. But your family doesn’t have to do it alone.
Trust your gut, eyes, and ears. And remember that awareness + action is the best formula for making sure your loved one receives care defined by dignity and safety.
If you believe your loved one may be experiencing neglect or abuse, contact Tiano O’Dell though our website or call (304) 720-6700 for a confidential consultation.
