West Virginia Nursing Home Neglect Lawyers
By J. Brandon Shumaker and J. Tyler Slavey · Slavey & Shumaker PLLC · Morgantown, WV · Last updated November 9, 2026
Table of Contents
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 sign | What it may indicate |
|---|---|
| Bedsores (pressure injuries) | Failure to turn and reposition, keep skin clean and dry, or provide adequate nutrition |
| Falls and fractures | Inadequate supervision, fall prevention, staffing or assistance with moving |
| Dehydration, malnutrition or weight loss | Failure to help residents eat and drink or to monitor intake |
| Infections, including sepsis | Poor wound care, hygiene or infection control |
| Medication errors | Wrong drugs, wrong doses or missed doses |
| Unexplained injuries or behavior changes | Possible 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.
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
| Category | Examples |
|---|---|
| Medical expenses | Hospital care, wound care, surgery and rehabilitation caused by the neglect |
| Non-economic damages | Pain and suffering, mental anguish and loss of enjoyment of life, subject to statutory limits |
| Wrongful death damages | When 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
Ask for medical evaluation, request a care conference, and move the resident if necessary.
Photograph injuries and conditions, keep notes with dates and names, and save any communications with the facility.
Ask for the resident’s medical chart, care plan and incident reports. A lawyer can help obtain complete records.
Report concerns to the appropriate state authorities, and call 911 in an emergency.
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
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.
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.