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A woman in another state recently claimed that her mother died at a nursing home because of the staff’s pattern of carelessness. She has therefore filed a nursing home negligence lawsuit against the facility. Individuals in West Virginia who lose their loved ones due to falls and other reportedly preventable issues in nursing home facilities have the right to take legal action.

The woman was placed in the home back in 2012 after having received a diagnosis of vascular dementia. According to the lawsuit, the nursing facility did not adequately address the patient’s fall history. The facility is also accused of failing to address safety concerns that arose a few days after the 68-year-old woman entered the nursing home.

The evening before the woman died, a nurse reportedly noted that she had a floor mat, side rails and low-air loss mattress. The plaintiff claimed that this was a negligent setup in light of her mother’s problem with falls. The next day, the woman was found off of her bed and unresponsive, and a coroner’s office determined that she ended dying from asphyxia.

Not all nursing home facilities in West Virginia exercise a reasonable degree of care when taking care of their residents. If falls occur, the improper use of restraints or other negligent acts or omissions lead to the deaths of residents, these facilities may be face claims for financial responsibility in civil court. A preponderance of the evidence is needed to establish liability to the satisfaction of the court hearing such a case.

Source: arkansasonline.com, “Lawsuit accuses Little Rock nursing home of negligence in 68-year-old’s death“, Brandon Riddle, Nov. 4, 2016