West Virginia Nursing Home Neglect Lawyers

By J. Brandon Shumaker and J. Tyler Slavey  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV  ·  Last updated November 9, 2026

Quick Answer: Neglect claims against West Virginia nursing homes and assisted living facilities are governed by the Medical Professional Liability Act, which treats these facilities as health care providers and covers basic care such as hydration, nutrition, positioning and infection control (W. Va. Code § 55-7B-2). The deadline is short: generally one year from the injury or its discovery (§ 55-7B-4(b)). Pre-suit notice requirements also apply (§ 55-7B-6). If you suspect neglect, act quickly. Slavey & Shumaker PLLC represents residents and families throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. The consultation is free, and you pay no fee unless we recover. Call (304) 212-5791.
Short deadline. Most nursing home and assisted living claims must be filed within one year of the injury or its discovery, not the two years that apply to most injury cases (W. Va. Code § 55-7B-4(b)).

Families place loved ones in nursing homes and assisted living facilities trusting that they will be fed, kept clean, turned, given their medications and protected from harm. When understaffing or carelessness leads to bedsores, falls, dehydration or infections, the consequences for an older or disabled resident can be severe, and sometimes fatal.

Slavey & Shumaker PLLC helps residents and families throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties hold facilities accountable. In many cases, we co-counsel with select attorneys and firms to fight for the best possible outcome. For claims against hospitals and doctors, see our medical malpractice page.

1. What Nursing Home Neglect Looks Like

Warning signWhat it may indicate
Bedsores (pressure injuries)Failure to turn and reposition, keep skin clean and dry, or provide adequate nutrition
Falls and fracturesInadequate supervision, fall prevention, staffing or assistance with moving
Dehydration, malnutrition or weight lossFailure to help residents eat and drink or to monitor intake
Infections, including sepsisPoor wound care, hygiene or infection control
Medication errorsWrong drugs, wrong doses or missed doses
Unexplained injuries or behavior changesPossible abuse by staff or other residents

2. The Law That Applies

Claims for injury or death caused by a nursing home’s care are generally claims of medical professional liability under the Medical Professional Liability Act. The Act defines a “health care facility” to include nursing homes and assisted living facilities (W. Va. Code § 55-7B-2(f)), and defines “health care” to include acts performed or that should have been performed during a patient’s care or confinement, “including, but not limited to, staffing, medical transport, custodial care, or basic care, infection control, positioning, hydration, nutrition, and similar patient services” (§ 55-7B-2(e)(2)).

To recover, the resident or family must generally prove that the facility failed to meet the applicable standard of care and that this failure caused the injury (§ 55-7B-3(a)). These cases usually require expert testimony.

3. The One-Year Deadline

A claim against a nursing home, assisted living facility, their related entities or employees, or a distinct part of an acute care hospital providing intermediate care or skilled nursing care must be filed within one year of the medical injury, or within one year of when the injury or death was or reasonably should have been discovered, whichever last occurs, and never more than 10 years after the injury (§ 55-7B-4(b)). The period is tolled while the provider conceals or misrepresents material facts through fraud or collusion (§ 55-7B-4(d)). The lawsuit must be filed in the circuit court of the county where the facility is located, unless the parties agree otherwise (§ 55-7B-4(e)).

4. Pre-Suit Requirements

Before filing suit, the claimant generally must serve each health care provider with a notice of claim and a screening certificate of merit at least 30 days before filing (W. Va. Code § 55-7B-6(b)). Because the overall deadline is only one year, there is little time to gather records, consult experts and serve the required notices. Our medical malpractice page explains the process in more detail.

Worried About a Loved One’s Care?

Talk with us now. The one-year deadline leaves little time to investigate. Telephone consultations are available.

Call (304) 212-5791

5. Reporting Abuse and Neglect

West Virginia requires many people, including medical professionals, social service workers, law enforcement officers and any employee of a nursing home or other residential facility, to immediately report reasonable cause to believe that a facility resident is being or has been neglected, abused or financially exploited. Any other person may also make a report (W. Va. Code § 9-6-9). If a resident is in immediate danger, call 911.

6. Compensation and Damage Limits

CategoryExamples
Medical expensesHospital care, wound care, surgery and rehabilitation caused by the neglect
Non-economic damagesPain and suffering, mental anguish and loss of enjoyment of life, subject to statutory limits
Wrongful death damagesWhen neglect causes a death, the family’s claim under the wrongful death statute

Noneconomic damages in medical professional liability cases are subject to statutory limits, which do not apply to economic damages such as medical bills (W. Va. Code § 55-7B-8). See our medical malpractice and wrongful death pages.

7. What Families Should Do

1Make sure your loved one is safe

Ask for medical evaluation, request a care conference, and move the resident if necessary.

2Document what you see

Photograph injuries and conditions, keep notes with dates and names, and save any communications with the facility.

3Request records

Ask for the resident’s medical chart, care plan and incident reports. A lawyer can help obtain complete records.

4Report suspected abuse or neglect

Report concerns to the appropriate state authorities, and call 911 in an emergency.

5Act quickly

The one-year deadline and pre-suit notice requirements make early legal advice essential.

8. Why Choose Slavey & Shumaker PLLC

Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, will listen to what happened, gather the records and explain the requirements of the Medical Professional Liability Act in plain language. In many cases, we co-counsel with select attorneys and firms to fight for the best possible outcome. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.

9. Frequently Asked Questions About Nursing Home Neglect

How long do I have to file a nursing home neglect claim in West Virginia?
Generally one year. A medical professional liability claim against a nursing home, assisted living facility, their related entities or employees, or a hospital unit providing intermediate or skilled nursing care must be filed within one year of the injury, or within one year of when the injury was or reasonably should have been discovered, whichever last occurs, and never more than 10 years after the injury (W. Va. Code § 55-7B-4(b)).
What law governs nursing home neglect claims in West Virginia?
The Medical Professional Liability Act, W. Va. Code Chapter 55, Article 7B. It defines health care facilities to include nursing homes and assisted living facilities, and defines health care to include custodial care, basic care, infection control, positioning, hydration and nutrition (W. Va. Code § 55-7B-2(e), (f)).
Where must a nursing home lawsuit be filed?
In the circuit court of the county where the nursing home, assisted living facility or hospital unit is located, unless the parties agree otherwise (W. Va. Code § 55-7B-4(e)).
What are signs of nursing home neglect?
Common warning signs include bedsores, unexplained falls or fractures, dehydration, malnutrition or sudden weight loss, infections, poor hygiene, medication errors, and unexplained bruises or changes in behavior.
Who must report suspected abuse or neglect of a nursing home resident?
Medical professionals, social service workers, law enforcement officers and any employee of a nursing home or other residential facility, among others, must immediately report reasonable cause to believe a facility resident is being neglected or abused. Any other person may also report (W. Va. Code § 9-6-9).
Is there a cap on damages in a nursing home case?
Noneconomic damages in medical professional liability cases are generally subject to statutory limits, while economic damages such as medical bills are not capped (W. Va. Code § 55-7B-8). Our medical malpractice page explains the limits in more detail.

Talk With a West Virginia Nursing Home Neglect Lawyer

Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Serving clients throughout the State of West Virginia, including Monongalia, Preston, Marion and Harrison Counties. The consultation is free, telephone consultations are available, and you pay no fee unless we recover.

Call (304) 212-5791

This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.