A woman experienced horrible pain and suffering, mental anguish, disfiguring injuries and, finally, death while staying at a Charleston care facility. Her son recently filed a wrongful death suit against the facility's parent company, Genesis Healthcare Corporation. Genesis operates more than 200 assisted living facilities in West Virginia and 12 other states, has been sued for the wrongful death of the resident by the woman's son.
The deceased woman lived at the home for less than six months. In that brief time, the lawsuit charges, negligent care caused her health to rapidly deteriorate to an extreme not attributable to the ravages of age.
The home is accused of failing to take such basic measures as following her doctor's written orders concerning the use of eye drops. Neglect robbed her of much of her dignity as a person. Claims asserted in the lawsuit also include making false promises or misrepresentations about the quality of care to be provided at the nursing home, concealing material facts about conditions there and engaging in deception to gain payment for nursing home care of a low quality or not fully provided.
Families rely on nursing homes like these to take good care of their loved ones when they are too sick or frail to live independently at home. Her son is seeking compensatory damages to recover some small measure of the enormous loss he suffered and for the pain and degradation inflicted on his mother. Beyond that, the lawsuit also seeks punitive damages to impose at least some minimal punishment on the nursing home operators for their neglect of a helpless elderly woman.
One named individual and 10 unidentified ones are also named personally as defendants in the lawsuit for the roles they played in the resident's mistreatment.
Source: West Virginia Record, "Man blames Genesis Healthcare for mother's injuries, death," Kyla Asbury, Nov. 29, 2012
Our firm handles nursing home negligence and wrongful death cases similar to the one discussed in this post. If you would like to learn more about our practice, please visit our Charleston, West Virginia, Nursing Home and Elder Neglect page.