Nursing Home Negligence

West Virginia Nursing Home Abuse & Negligence Lawyers

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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