Nursing Home Abuse Claims Often Go Unreported in West Virginia

The elderly in America are a highly vulnerable population. For instance, in survey results published by the American Journal of Public Health,

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[su_column size="1/2"]1 IN 10 RESPONDENTS AGES 60 AND OLDER REPORTED BEING THE VICTIMS OF EMOTIONAL, PHYSICAL OR SEXUAL MISTREATMENT OR POTENTIAL NEGLECT.[/su_column]
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Despite these harrowing statistics, elder abuse often goes unreported for a number of different reasons in West Virginia and other parts of the country.

If you are an individual who has a loved one who is residing in a nursing home or other care facility for the elderly, or is receiving at-home care from a nurse or other professional, it is important that you know the signs of elder and nursing home abuse.

If you notice any signs of elder abuse, be sure to report it immediately. Then, consider taking legal action.

Different Types of Elder Abuse

The National Center on Elder Abuse lists seven types of abuse that an elderly person may suffer from. You should be aware of these different types:

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[su_column size="5/6"]Physical abuse - This is abuse that is characterized by the use of physical force that causes bodily injury or/and pain. Physical abuse includes acts such as hitting, restraining, kicking, slapping, shaking, burning, pinching, force-feeding or any other type of physical punishment. The inappropriate use of medication - for instance, "chemical restraints" - can also be considered a form of physical abuse.[/su_column]
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[su_column size="5/6"]Sexual abuse - This abuse occurs any time that an elderly person is subjected to a non-consensual sexual act. Sexual abuse is not limited to the act of sex itself or forced sex (rape). This form of abuse can also include being forced to look at sexual pictures or witness sexual acts, inappropriate touching or nudity and being victimized with sexually explicit language.[/su_column]
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[su_column size="5/6"]Psychological abuse - This type of abuse is also referred to as emotional abuse. It occurs when a caretaker verbally assaults or threatens an elderly person, isolates the elderly person, refuses to talk to an elderly person or patronizes an elderly person by treating him or her like a child or invalid.[/su_column]
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[su_column size="5/6"]Abandonment - If a caretaker deserts an elderly person and neglects to provide him or her with the care that he or she requires, abandonment has occurred.[/su_column]
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[su_column size="5/6"]Financial exploitation - This form of abuse involves the manipulation of an elderly person by a caretaker for financial gain. For example, a caretaker may convince an elderly person to change his or her will, steal credit cards or otherwise seek to make a personal profit at the elderly person's expense.[/su_column]
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[su_column size="5/6"]Neglect - Similar to abandonment, neglect occurs when a caretaker fails to exercise the level of care necessary to ensure that the elderly person is physically and emotionally provided for and treated humanely. Neglect may include failing to bathe the individual, feed the individual, rotate the individual to prevent bedsores or to properly administer medication.[/su_column]
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[su_column size="5/6"]Self-neglect - Finally, the last type of elder abuse is self-neglect. This type of abuse typically results in response to a caretaker's failure to treat an elderly person with the level of care he or she requires. In other words, this is an elderly person's harmful reaction to being mistreated by a caretaker.[/su_column]
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Common Signs of Neglect in Nursing Homes

It is important to pay close attention to different signs of elder abuse and to take immediate action if you suspect that an elderly loved one is being mistreated by a care provider. These signs include:

• Bruises, cuts, lacerations, blood on clothing, or other signs of physical or sexual abuse
• Withdrawal
• Depression
• Anxiety
• Angry outburst
• Development of bedsores
• Clear lack of personal hygiene
• Significant weight loss
• Sudden changes to financial status
• Fear
• Unsanitary living conditions
• Unusual behavior/changes in personality
• A caregiver refusing to allow visitors.

The signs of elder abuse and neglect can be hard to recognize, particularly when the abuse is not physical. For these reasons neglect and abuse often goes undetected. This is why it is important to pay close attention to an elderly person who is receiving care.

Reporting Elder Abuse in West Virginia

If you suspect that elder abuse is occurring, it is important that you discuss the abuse with your elderly loved one. However, know that an elderly person may not always admit being a victim of abuse, often out of embarrassment, shame or fear of retaliation from the neglectful or abusive party.

The following provides a list of resources for reporting elder abuse in West Virginia:

• West Virginia Adult Protective Services (800) 352-6513
• West Virginia Long-Term Care Ombudsman Program (800) 834-0598
• West Virginia Bureau of Senior Services (304) 558-3317

If you believe that your elderly loved one is at risk of imminent harm or death, you should report the abuse to the West Virginia police by calling 911 immediately.

Taking Legal Action Against a Negligent Elderly Caretaker or Nursing Home

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[su_column size="5/6"]When the caretaker or nursing home that should be looking after your elderly person fails to execute the duty of care that is owed to the person, he or she has committed an act of negligence.[/su_column]
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If the negligence results in harm to the elderly person, a personal injury claim (or medical malpractice claim if the caretaker was a medical professional such as a nurse) may be warranted.

All personal injury claims in West Virginia, including medical malpractice actions, must be filed within two years from the date that the negligent act occurred.

Filing a civil action can not only raise awareness about the prevalence of abuse -potentially protecting future persons - but it can also yield compensation for lost medical expenses, pain and suffering and more.

Take Action by Calling a Nursing Home Abuse Lawyer Now

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[su_column size="5/6"]Elder abuse is a very concerning problem. If you suspect or know that the abuse of a loved one is occurring, take action by calling the experienced West Virginia nursing home abuse lawyers at Mani Ellis & Layne, PLLC.[/su_column]
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Our Charleston nursing home neglect attorneys will do everything we can to make sure your loved one's rights are protected and that the abuse ends immediately.

To receive a free nursing home case consultation, call or contact us online today.