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When West Virginia nursing homes fail in their responsibility to adequately care for their residents, they may be held financially responsible for their actions. For instance, sometimes a nursing home resident’s death may be due to physical abuse, while at other times, it may be the result of negligence. One man in another state recently decided to sue a nursing home, alleging nursing home negligence. He claimed that his mom ended up choking on a sandwich and passing away last year at the nursing facility.

The man’s 63-year-old mother was a patient and resident at the center. She was there because she had been diagnosed with dementia. She had to wear dentures to chew and bite solid food. One day, the nursing home reportedly gave her a grilled cheese sandwich to eat but did not make sure that she was wearing her dentures at the time. Thus, according to the lawsuit, the woman choked on the food, aspirated and suddenly stopped breathing.

The woman was later pronounced deceased because of complications related to the aspiration of food and choking. The woman’s son claimed that the nursing home staff recklessly, negligently and carelessly fed the sandwich to the woman when she did not have her dentures in. However, the nursing home said it was proud of the safe and high-quality care it provided to its residents.

According to his suit, his mom suffered pain and suffering as a result of the ordeal, and it also led to medical expenses. The man also claimed that his mother was entitled to compensation due to the violation of her rights, and he sought reasonable attorney fees along with punitive damages. Punitive damages may be awarded in cases of egregious fault. Any person who has lost a loved one in West Virginia due to nursing home negligence or physical abuse has the right to seek to hold the facility accountable through the civil court system.

Source: syracuse.com, “CNY man sues nursing home after mother chokes to death on grilled cheese sandwich“, Sarah Moses, Aug. 4, 2016