fbpx

West Virginia’s New Law Favors Nursing Home

Nursing home abuseThe new law gives nursing homes an additional blanket of protection, typically not provided to others under the law.

Formerly, the law in West Virginia stated that if someone is abused in a nursing home, the victim has two years to file a lawsuit. In addition to the two-year time limit, a nursing home abuse victim has the choice to file his or her lawsuit in the county where they reside or work. However, the new law in West Virginia, effective July 1 reduces the time to file a lawsuit to just one year and requires plaintiffs to file in the county where the nursing home is located.

Some feel the law could put pressure on victims to come forward more quickly, given that these can be very sensitive cases. With all of the family dynamics involved, there’s frequently fear involved. This is because many individuals don't want to speak up for fear of reprisal, while their loved ones are still in the facility.

Others contend that the law doesn’t put pressure on victims, but instead serves as encouragement, intensifying the sense of urgency related to any type of elder abuse.

Supporters of the law say it ultimately brings awareness to the issues, noting that anything shedding a light on a nationwide epidemic is a good thing.

Nursing home abuse includes things such as improper medication management, lack of proper care, isolation, malnutrition, dehydration and preventable falls.

These types of incidents frequently occur in nursing homes around West Virginia.  However, the new law will protect nursing homes from the mistakes that they make.  Is that perhaps the point; as states around the country find it harder and harder to make healthcare dollars stretch why not pass laws that make your state a less desirable place for long term care?

Reference: The (WV) News Center (June 27, 2017) “W. Va. nursing home abuse law set to go into effect July 1”

 

Like this article?

Share on facebook
Share on Facebook
Share on twitter
Share on Twitter
Share on linkedin
Share on Linkdin
Share on pinterest
Share on Pinterest

Leave a comment

LIKE THIS POST?

We have a LOT more where that came from!

We hate spam too. We will never share or sell your information.

Call Now ButtonCall Us Now https://jsfiddle.net/7h5246b8/

Request a free consultation

We hate spam too. We will never share or sell your information.

We've been putting together as many resources as possible so that we can continue to help:

  • If you’re a current client with a signing appointment or a prospective client with a consultation and would prefer that meeting take place in your own home, we can accomplish that with a little bit of pre-planning on our part and with the addition of a laptop, smartphone, tablet or other computer in your home to facilitate this virtual meeting. For those of you that need to sign legal documents, that too can be accomplished with the use of a webcam (FaceTime etc.), so that we can witness and electronically notarize all of your important legal documents.
  • We launched the rollout of our on-demand webinar early so that new clients and our allied professionals can view the important component parts of ‘an estate plan that works’ at their convenience.  That is available on our website.
  • Live video workshops will be produced as quickly as possible and certainly ahead of our previous schedule; we will keep you posted as these events become available. Given the ‘boutique’ nature of the firm, we rarely have more than ten people in our office including team members at any one time. During this period of ‘social distancing,’ we promise to have no more than 8 people at any time.   This allows us to comply with the Governor’s directive to limit in-person gatherings.
  • The best way to communicate with us is still by phone during regular office hours of 8:30 to 5:00, Monday through Friday, or, you can email any of our team members (that is, their first name followed by @zarembalaw.com).  We will respond to these emails as quickly as possible.
  • Please continue to follow the directives of our local, state, and federal agencies. For your health and in consideration of our team who is assisting you, if you’ve scheduled an office appointment or planned to drop off paperwork and are experiencing a fever, dry cough, or shortness of breath, please contact your primary care doctor for guidance and then our office to reschedule.

Thank you, Walt and the Zaremba Team

Coronavirus/Covid-19
Update to our Process

The unprecedented coronavirus pandemic has taken our entire country by surprise. We understand how difficult this time is for America’s businesses and families.  However, we believe it is vitally important that we make every effort possible to continue to offer solutions that avoid disrupting our important partnership with you, your family and friends.  As you know, estate planning is not something that should wait for a more convenient time, therefore the opportunity to address your important goals both during and after this crisis should not wait.  To that end, we have added the option of a ‘virtual consultation’ to our office process.  You will now have a choice of either meeting with us in our office or in the comfort of your own home.