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Lawsuit filed after man dies from traumatic brain injury

A man in another state suffered a brain injury and ended up passing way while under the care of a nursing home. A claim brought by the man's estate claims that the fatal traumatic brain injury, which was caused by a fall, occurred due to the nursing home's negligence. The estate filed a wrongful death claim against the nursing home along with two nurses. It is within the rights of an individual who loses a loved one due to nursing home negligence in West Virginia and elsewhere to seek justice through the civil court system.

The executor of the estate alleges that the defendants did not provide appropriate care to the man, thus causing his death. According to the complaint, the nursing home resident fell one day. The fall reportedly caused him to suffered brain injuries.

The plaintiff asserts that the nursing home and its staff did not appropriately address the patient's risk for a fall. The home is also accused of failing to evaluate the man's overall condition following his accident. The plaintiff is seeking a judgment for monetary damages.

Nursing homes in West Virginia have a duty to exercise a reasonable degree of care concerning their residents. If a nursing center fails to do this and a resident suffers a serious injury as a result -- such as a traumatic brain injury -- grounds for a wrongful death claim of nursing home negligence exist. A preponderance of the evidence is required to establish negligence in the civil justice system. Once that happens, claims for monetary damages will be adjudicated. Monetary damages may help with covering burial costs, loss of companionship and the loss of income for surviving dependents, for example.

Source:, "Executor blames Lexington Health Care Center of La Grange for death tied to fall", Louie Torres, Jan. 27, 2017

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