COVID-19 NOTIFICATION: To protect your safety in response to the threat of COVID-19, our staff is still available to serve you during our normal office hours. We are offering our clients and potential clients the option to connect with us via telephone, email and video-conferencing. Please call or email us to discuss your options.

A nursing home in another state has faced accusations during the past couple of years that it caused an elderly female resident to die in a fall. However, the nursing home recently agreed to settle a lawsuit filed by the deceased woman’s daughter by paying the deceased woman’s estate a million dollars. Likewise, any individuals in West Virginia who lose loved ones due to falls in nursing homes have the right to take legal action if the falls resulted from the nursing facilities’ negligence.

In the out-of-state case, the daughter of the woman who died filed a lawsuit against the nursing home in 2017. According to the suit, the elderly woman, who struggled with dementia, ended up dying due to blunt force trauma to the head. She had apparently fallen more than 20 times at the nursing home.

One of the woman’s falls reportedly happened because a worker neglected to turn on her chair alarm, which would have alerted staff that she had gotten up. In addition, the nursing facility allegedly failed to notify the nurse practitioner or the doctor, thus delaying hospital care for the woman. The plaintiff further asserted that the facility did not report the incident to the state public health department as required.

Nursing homes in West Virginia are expected to provide their residents with adequate care around the clock. If they fail to do this, the results can be dire. Unfortunately, sometimes nursing facility residents end up suffering falls and losing their lives as a result of the negligence of staff members. In this situation, the deceased residents’ loved ones have the right to seek damages through the civil court system, which may help to provide closure in such an ordeal.