A Maryland woman is suing the Guardian Elder Care at the Peterson Rehabilitation Hospital and Geriatric Center in Wheeling, West Virginia for nursing home negligence. Emily Kay Goddard Young filed the lawsuit in Ohio County on behalf of her father, the late Elwood M. Goddard.
In December 2004, Goddard had been living on property run that was owned by Peterson. According to the lawsuit, Goddard suffered from a number of illnesses that left him in a wheelchair and physically weak. Young says that her father was left without an attendant in a wheelchair that had a broken strap. He then proceeded to fall violently as a result.The fall caused internal and external injuries that he later died from.
Young says that it was Peterson’s responsibility to maintain, inspect, and repair the wheelchair. In the lawsuit, she claims negligence that “Peterson owed a duty to its patients … to provide a wheelchair that was reasonable safe for its intended use and not unreasonable dangerous when put to its reasonable anticipated use.” She is seeking compensatory damages to cover funeral expenses, burial costs, court fees, medical expenses, and other damages.
Two major problem in managed-care facilities that can lead to abuse in a nursing home are overcrowding and an overworked staff that is not trained properly. It is the facility’s responsibility to eliminate the opportunity for nursing home negligence by hiring professional care providers and medical workers that are trained correctly. It is also up to the facility to create a safe, caring, and sanitary environment for its residents.
The United States Congress has passed laws demanding that every state create regulations to protect nursing home residents. Nursing homes are required to follow these regulations. Nursing home negligence is a criminal and civil offense.
If a person has been a victim of nursing home negligence but they are unable to report the abuse for any reason, loved ones and family members may file the claim for them.
Indications that a person may be experiencing abuse in a nursing home:
· Bed sores
· Injuries from falls
· Change in the resident’s personality.
If you suspect a case of negligence, it is important that you report the incident immediately. You may also want to consider moving your loved one to another facility.
Each year, thousands of senior citizens are abused, neglected and exploited in nursing homes and other elder care facilities. Many victims are frail and vulnerable and cannot help themselves, and they depend on others to meet their most basic needs.
If you would like to file a claim for nursing home negligence for yourself or a loved one, contact Lebowitz and Mzhen today. We represent clients in nursing abuse, nursing negligence,and other personal injury lawsuits in the Maryland and Washington D.C. areas.
Maryland woman sues Wheeling nursing home, Wvrecord.com, January 5, 2007
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