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Nursing home fatality leads to wrongful death lawsuit

Many West Virginia families entrust a nursing home with their loved one's care. When nursing home professionals fail to properly care for their residents, though, harm and death can result. When an elderly loved one is lost to nursing home neglect, a surviving family has the right to bring a wrongful death suit against the nursing home. Eastbrook Center, a Charleston health center, is being sued under this legal theory, as well as reckless misconduct, after the death of a resident.

The resident was admitted to the center in 2015 for daily living assistance and rehabilitation. According to the suit, the resident suffered numerous falls while at the facility, which were witnessed by other residents. These falls allegedly caused the victim to suffer from complicated urinary tract infections with sepsis, fecal impaction, and generalized pain. These medical issues lead to the woman's death less than a year after her admission into the facility.

The lawsuit claims that Eastbrook Center's failure to provide a safe environment for its residents and its failure to properly supervise and care for the residents is what ultimately caused the resident's death. The woman's daughter who filed the suit also alleges that the nursing home failed to inform the woman's family about her health issues. The suit mentions that the nursing home did not provide basic necessities to the residents, such as clean living environments, food, and assistance with daily activities).

The victim's daughter seeks compensation for mental pain, funeral expenses, and loss of companionship. She also seeks punitive damages, attorney fees, and other equitable relief. Wrongful death damages, regardless of the amount received, can hold defendants accountable for their actions and allow families to cope with the loss of their loved one, which is why other West Virginians who have lost a loved one to nursing home negligence should be sure to fully consider their legal options.

Source: West Virginia Record, "Daughter alleges nursing home's negligence led to mother's death," Noddy A. Fernandez, March 7, 2017

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