West Virginia Nursing Home Abuse & Negligence Lawyer
West Virginia, along with many other states, has seen an increasing number of the elderly confined to nursing home facilities.
A "nursing home" is "any institution, residence or place, or any part or unit thereof, however named, which is advertised, offered, maintained or operated by the ownership or management, whether for a consideration or not, for the express or implied purpose of providing accommodations and care, for a period of more than 24 hours, for four or more persons who are ill or otherwise incapacitated and in need of extensive, ongoing nursing care due to physical or mental impairment or which provides services for the rehabilitation of persons who are convalescing from illness or incapacitation." W.Va. Code §16-5C-2(e).
The Nursing Home Reform Act of 1987, found under the Omnibus Budget Reconciliation Act of 1987 specifies that a nursing home "must provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident in accordance with a written plan of care..." 42U.S.C.A. §1396r(b)(3)(B). These federal laws affect those nursing homes which receive Medicare and/or Medicaid funding.
While some nursing home facilities provide excellent care to the elderly, there are some that do not practice the standard of care that a facility in their position should provide. Even at well-established facilities, there have been cases of nursing home resident neglect or abuse.
Goldberg, Persky, & White has many years of experience in personal injury claims; we have the knowledge and resources required to successfully evaluate and pursue potential negligence claims. If you are looking for a skilled and dedicated nursing home abuse lawyer, GPW is ready to fill that role.
If you have a loved one, or know someone that has a loved one that is confined to a nursing home and you believe that they may be a victim of nursing home negligence including sexual abuse, battery, malnutrition, pressure ulcers, or other problems rising out of negligence, please contact Dave Chervenick at 304-522-1087 or via our web mail form to discuss your legal rights.
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- Birth Injury
- Birth injury to new babies and their mothers can be immediately devastating, or may not be realized for several years.
- Brain Injury
- Blunt force trauma, restricted oxygen, or anesthesia mistakes are among the many causes of brain damage and injury.
- Medical Negligence
- Mistakes may occur at a variety of levels within the healthcare system; incorrect medications and infections as a result of unsanitary conditions are just a few examples of medical negligence.
- Wrongful Diagnosis
- While many conditions can be difficult to diagnose, carelessness and a lack of attention to patients’ symptoms can lead to wrongful diagnosis and devastating consequences.
- Surgical Mistakes
- Everything from an accidentally clipped or cut organ to performing surgery on the wrong part of the body fall under the category of surgical mistakes.
- Hospital Mistakes
- Unsanitary conditions at a hospital can lead to infections, and untrained or incompetent staff can make mistakes that cause injuries due to substandard hospital care and medical negligence.
- Wrongful Death
- In extreme cases, the careless or negligent care provided by doctors, nurses, and other medical staff can lead to the wrongful death of patients.
- Women’s Health Issues
- Health issues that are unique to women sometimes get overlooked; conditions such as cervical and breast cancer may go undetected due to misdiagnosis or failure to diagnose, leading to further problems.