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Alleged physical abuse leads to lawsuit

A nursing home in another state has been accused of allowing a woman in its facility to suffer abuse. The woman who was reportedly abused had dementia and Alzheimer's disease at the time of the abuse. If a loved one in West Virginia suffers physical abuse or other types of abuse in a nursing facility, the facility may be held financially responsible for the injuries suffered as a result.

The daughter of the woman who was allegedly abused asserted that her mother had been a resident of the facility for eight years and that the staff knew about her physical and mental conditions. The daughter claimed that the staff therefore knew how to properly care for her and had even indicated that they could meet her needs adequately. However, she said the staff failed to supervise her mother and ensure that she remained safe.

According to the lawsuit, the woman ended up suffering catastrophic injuries and disfigurement. She also allegedly suffered mental anguish as well as pain and suffering. The daughter claimed that the abuse her mother suffered caused her health to deteriorate rapidly and led to both emotional and physical trauma. The woman is said to have also suffered an irreversible alteration in a her mental status as a result of her experiences at the nursing facility.

The daughter is seeking both compensatory damages and punitive damages as part of her lawsuit. Punitive damages may be awarded in a case of egregious fault. If physical abuse causes a nursing home resident to suffer serious injuries and trauma, a liability claim may be filed against the nursing home. A preponderance of the evidence is necessary to establish liability to the satisfaction of the civil court hearing the case in West Virginia.

Source: wvrecord.com, "Woman sues Hidden Valley Center for mother's abuse", Kyla Asbury, Feb. 6, 2017

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