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.
Death can be untimely and unexpected. The loss of a loved one may not be due to old age or disease but rather because of the negligence of another person. A fatal accident can never be predicted, and individuals are likely to suffer tremendously from the accidental death of a family member.
Suffering the loss of a loved one due to a fatal accident is a difficult and traumatic time for those in West Virginia and elsewhere. No one wants to have to bury a loved one sooner than expected, and after an accidental loss, family members often have many questions. In addition to wondering what happened and who was at fault, surviving family members may question what they can do to recover any losses suffered.
When a person dies in an accident, his or her personal representative, typically a close family member, can file a lawsuit on behalf of the deceased victim. This kind of legal action, known as a wrongful death case, is designed to compensate the estate of the deceased victim when the fatal accident was caused by someone else's negligence.
When people go to a hospital, they expect that doctors and other medical staff will take all reasonable steps to help them with their illness or injury. People in the Charleston area who have to undergo surgery, for example, may understand that the procedure involves some risks, but they expect the surgeon to mitigate those risks as much as possible. Likewise, patients likely do not expect that a preventable mistake could cost them their lives.
When tragedy strikes West Virginia residents because of someone else's actions, it is important to hold that person accountable for their conduct. This is particularly true when the incident has resulted in a loss of life.
Life can change in an instant. A simple ride to school or work can turn deadly in a matter of moments when someone else is not paying attention or driving carefully.
When people in Charleston go to see a doctor, they expect that the doctor will properly diagnose any conditions that they might have, and prescribe appropriate medication and treatment. The same is true when a person needs to go to a hospital because of an illness or injury; they expect that the doctors and hospital staff will treat them in a way that will help them. However, things don't always work out the way that the patient expected.
When people in the Charleston area see a doctor, they probably expect that their doctor is in good standing with the medical community and has the proper credentials and licensing to practice medicine in their particular field. But even some doctors who are in good standing may have made serious medical mistakes in the past. So how can a patient figure out if their doctor has made such a mistake, and may be more likely than other doctors to make another in the future?
Accidents are a part of everyday life because nobody is perfect and people make mistakes. However, many accidents could be avoided if people would spend a little more time and effort on safety. This is true in various different aspects of life, including the workplace.