A nursing home in a different state was recently sued after being accused of being negligent and causing a man’s death. The lawsuit was filed in late November. If a nursing home’s carelessness in West Virginia allegedly causes the death of a patient due to falls or other similar problems, the patient’s surviving family members have the right to seek justice through the civil court system.
In the out-of-state case, the man was placed in the nursing home but suffered from falls. The falls allegedly caused or contributed to the man’s death. According to the plaintiff in the lawsuit, a person who represents the man’s estate, the nursing home is responsible for not appropriately addressing the man’s fall risk.
As part of the lawsuit, the plaintiff is seeking a jury trial. A judgment is also being sought against the allegedly responsible parties in the man’s death. The plaintiff is seeking an amount exceeding the court’s jurisdictional limits along with any extra relief granted by the court.
Nursing homes are expected to exercise a reasonable degree of care when patients are in their care. Failure to do so is a violation of the state’s nursing home act, and unfortunately, nursing home negligence remains a real problem in the state of West Virginia. Anybody who loses a loved one due to falls or other preventable situations/conditions in a nursing home has the right to file a liability claim, seeking damages. Claims for damages will be determined once financial responsibility has been established in a manner that pleases the court.
Source: pennrecord.com, “Asbury Heights accused of negligence in care of nursing home resident“, Louie Torres, Dec. 21, 2016