Nursing Home Abuse FAQ

Nusing Home Abuse Lawyer in West Virginia

The safety, health and care of family and loved ones can be a very emotional subject. In cases where family members have left a loved one in the care of nursing homes, only to find their loved one being abused, neglected or abandoned, they want to know what legal action can be undertaken. In order to assist you, the firm has compiled some of the most common questions their attorneys have received about nursing home abuse. If you have additional questions or wish to seek counsel, you are advised to contact a West Virginia personal injury lawyer at the Fitzsimmons Law Firm PLLC right away.

What can you do if a loved one has complained of nursing home abuse?

It is important to understand that no amount of nursing home abuse is acceptable. If you suspect or nursing home abuse, the state of West Virginia has systems in place for reporting abuse, neglect, abandonment or exploitation of the elderly. In many cases, investigations will be done and should the allegations of abuse be founded, adult protective services will step in to remedy the situation and prevent its recurrence. If injuries, ranging from bed sores & bruises, to broken bones or head injuries were sustained as a result of nursing home abuse, you would be advised to consult with a nursing home abuse attorney immediately.

What are some of the more common types of nursing home abuse?

Nursing home abuse does not necessarily mean blatant physical abuse of a resident. Nursing home abuse can also come in the form of abandonment, wherein a resident is left without access to basic life necessities or care. Lack of proper food, water or medical attention could result in malnutrition & dehydration. When expected precautions are not taken, residents may end up being severely injured in fall accidents. It is important to remember, that while accidents do happen, if a so-called accident occurs as a result of negligence or abuse, you would be advised to consult with an attorney knowledgeable in all aspects of nursing home abuse.

Is there a reason abuse or neglect are common in nursing home facilities?

Not all nursing homes experience cases of abuse or neglect of those individuals in their care. Where neglect and abuse are found, it is often because of poorly qualified or untrained caregivers, inadequate staffing, staff with a history of abuse, or residents being unwilling to report instances of abuse due to being embarrassed or afraid of what will happen if they do. Any suspected or observed nursing home abuse should be reported immediately.

How are cases of nursing home abuse addressed in legal proceedings?

There are different legal proceedings which can be brought about due to nursing home abuse, depending on the types of injuries sustained. In most instances, a report and subsequent investigation by adult protective services will provide immediate help and relief to the victim and their family. Should the nursing home abuse continue, or if the abuse was severe enough to warrant legal action, a civil lawsuit could be filed to obtain compensation for damages and injuries caused. A criminal prosecution could also take place in order to punish those responsible for the abuse.

Nursing Home Abuse Lawyer Serving WV

For the last three decades, the Fitzsimmons Law Firm PLLC has committed themselves to providing clients with the kind of attention to detail, consideration and dedication they would expect when it comes to their most important and personal affairs. No matter who they go up against, the attorneys at the firm are intent on protecting the rights and interests of each of their clients. Their success record speaks for itself. Our firm has obtained over 125 of their cases resulting in verdicts and settlements in excess of one million dollars.

The firm has received an AV rating from Martindale-Hubbell, they are recognized as being one of the first tier 2011-2012 Best Law Firms, and the National Law Journal has listed them as having one of the Top 100 Verdicts in the United States. The firm's founding member has also been recognized by multiple magazines and journals, as being one of the top and best lawyers in the United States. If you suspect a loved one has become the victim of nursing home abuse, you need to contact a West Virginia nursing home abuse attorney at the firm today. They will thoroughly review your case, analyze all reports and advise you of the best course of action to pursue.


  • Fitzsimmons Law Firm, PLLC We give the Fitzsimmons Law Firm the highest recommendation possible.
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  • Fitzsimmons Law Firm, PLLC Bob was very compassionate and empathetic to my situation.
  • Fitzsimmons Law Firm, PLLC I was very fortunate to have had the pleasure of Bob Fitzsimmons representing me over the years, and would highly recommend his Law Firm.
  • Fitzsimmons Law Firm, PLLC He is one of the finest attorneys in the nation.
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