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Nursing home lawsuit alleges physical abuse

A woman in another state died in a nursing home, and her surviving family members have claimed that this occurred due to the negligence of the facility. A lawsuit has thus been filed against the nursing home. If a person in West Virginia loses a loved one due to a nursing home's physical abuse of a resident or its failure to prevent falls and infections, for example, he or she may choose to seek to hold the nursing home accountable.

In the recent out-of-state case, a woman was placed in the nursing home to recuperate and be rehabilitated after she had received treatment for six weeks at a medical center for a serious body infection. The woman was reportedly progressing steadily. However, one evening, her husband and other family members went to visit her and noticed that she was trembling and mumbling and that her eyes were rolling to the back of her head. A nurse on duty claimed that she had taken the woman's vital signs and that everything was normal. However, the woman's husband called 9-1-1 to get her immediate attention.

In an earlier case in 2014, a woman, 68, was admitted to the nursing facility. She ended up passing away five weeks later. The woman's daughter has sued the nursing home, alleging negligence and elder abuse and claiming that the woman's death made no sense.

Unfortunately, the carelessness of nursing homes remains a real problem throughout the United States. A person whose family member has died in a nursing home as a result of physical abuse or negligence has the right to seek a jury trial and monetary damages, with punitive damages possible in cases involving egregious fault. A monetary award may help to cover burial costs, the loss of support and other related losses resulting from the nursing home's carelessness. A preponderance of the evidence is necessary to establish liability in a nursing home negligence or abuse case in the state of West Virginia.

Source:, "Chronic abuse at Inglewood-Centinela nursing home", Jarrette Fellows, Jr., Dec. 28, 2016

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