Lawyer Resources for West Virginia

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court houseOne of the most frequent claims I hear from nursing homes and hospitals concerning pending litigation is how the lawsuits are simply isolated events and are not really indicative of the type of care that they provide to their patients.

While such claims may indeed be very true at some facilities, the reality remains that rarely do facilities have their inferior care targeted upon one patient.  Rather, I tend to see patterns of poor care and mistakes scattered amongst multiple patients at a facility.

I recently read an disturbing article concerning the history of dangerous care provided to patients at Heartland of Charleston Nursing Home in West Virginia.  The facility (which happens to be part of nursing home giant ManorCare) has received a good deal of negative publicity in the past few months after the family of a neglected patient received a monumental $90.5 million verdict in compensatory and punitive damages for the dehydration death of their loved one.

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profits.jpgWe’ve had a lot of discussion regarding the sizable nursing home negligence verdict in West Virginia against Heartland of Charleston and the parent company HCR Manor Care.  If you haven’t heard about this landmark nursing home verdict, jurors awarded $91.5 million to the family of a patient at the facility who died shortly after her admission to the facility from complications related to dehydration and pressure sores.

After unsuccessfully arguing that the verdict should be reduced based upon West Virginia’s caps on non-economic damages in medical malpractice cases, lawyers for the nursing home behemoth have now taken a position that a judge should substantially reduce the verdict or order a new trial based upon errors made during the course of the original trial.

In particular, lawyers for Manor Care claim that the company is a far less profitable organization than was alleged at trial by lawyers representing the patient’s family when seeking punitive damages.

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senior falling.jpgFalls in nursing homes are one of the biggest safety threats encountered by patients. Statistics tell use that more than one-third of all adults over age 65 fall unintentionally every year.

A sizable percentage of these falls result in severe injury or death predominately due to complications from head injury or hip fractures.

Recognizing the severity of the problem, federal regulations require nursing homes to conduct a fall-risk assessment of all newly admitted patients both at the time of their admission and conduct similar follow up on a quarterly basis or when the patients health care needs dictate.

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Nursing Home Negligence LawsuitThe family of a man suffered from dementia and has filed a wrongful death lawsuit against the nursing home responsible for his care.  The man was killed after he was struck by a CSX train.  The lawsuit names Heartland of Charleston nursing home and its parent company Health Care and Retirement Corp. of America LLC.  The lawsuit alleges the nursing home failed to:

  • Provide adequate supervision to the man
  • Follow facility protocols for missing residents

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