A widowed man in West Virginia has filed suit against an area nursing home, accusing the facility of negligence and misconduct in the death of his late wife. The lawsuit, a wrongful death claim, was filed in the Fayette Circuit Court this month, the West Virginia Record reports.
Nursing Home Abuse Lawsuit Filed In West Virginia
In court documents, the plaintiff points an accusatory finger at the Fayette Nursing and Rehabilitation Center in Fayetteville, West Virginia. He says that the long-term care facility should be held accountable for his wife’s untimely death, noting that she suffered mistreatment of the worst kind while in the facility’s care. The lawsuit claims that the plaintiff’s wife experienced six falls, dehydration and chronic infections during her stay at the Fayette Nursing and Rehabilitation Center.
The lawsuit further claims that the plaintiff’s wife experienced significant neglect at the facility. The plaintiff asserts that the center was chronically understaffed, poorly managed and unsafe. He says the facility failed to uphold its obligations of care under federal and state regulations.
Widower Claims Neglect, Mistreatment
According to court filings, the plaintiff’s wife was admitted to the Fayette Nursing and Rehabilitation Center on January 17, 2018 for rehab therapies and assistance with the activities of daily life. Her family expected her to receive quality care, as is required by federal law.
In reality, the suit claims, she was mistreated, abused and neglected, suffering from chronic dehydration, infections and at least six fall incidents during her stay. She died just 38 days after being admitted to the Fayette Nursing and Rehabilitation Center, on February 24, 2018. The plaintiff claims that there is no way to explain her death without some form of abuse and neglect having befallen her.
Abuse & Neglect In America’s Nursing Homes
This is just one more tragic story from our nation’s nursing homes. When we place our loved ones in the care of a nursing home or assisted living facility, we assume that they will be treated with the sort of care and attention that we would expect. Yet all too often, our nation’s long-term care facilities are dirty and poorly-maintained. Many nursing homes are understaffed, leaving our loved ones without adequate care.
While almost inconceivable, up to 1 in 3 elderly Americans will suffer some form of harm inside a nursing home, group home or assisted living facility. Many of these injuries are the result of negligence, the careless disregard for the safety and wellbeing of residents.
How To Prove Negligence
Negligent nursing homes can be held accountable. Our nation’s strong history of personal injury law allows residents and their loved ones to pursue justice in the wake of nursing home abuse or neglect. If your loved one was abused or neglected, your family may be eligible to pursue a civil lawsuit, demanding accountability and financial compensation.
Every nursing home has a duty to care adequately for patients, both emotionally and physically. This obligation is laid out clearly in the care contract that you sign with the facility prior to admission. It’s also buttressed by a variety of applicable state and federal regulations.
Nursing homes commit negligence when they fall below the standard of care that we expect of them. Negligence comes in two forms – acts and omissions. A negligent act occurs when the nursing home does something that violates a resident’s rights. A negligent omission comes when the nursing home’s staff fails to do something, putting patients in harm’s way.