Statute of Limitations
- 2 years with Discovery Rule. (W. Va. Code. §55-2-12)
- Medical malpractice – 2 years with Discovery Rule, but no later than 10 years after the date of injury. Minors under age ten have 2 years from injury or until age twelve, whichever is longer. (W. Va. Code. §55-7B-4)
Damages Cap
- Noneconomic damages for medical malpractice are limited to 250,000 per occurrence, regardless of the number of defendants. The cap is $500,000 for injuries involving permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life sustaining activities. On January 1, 2004, both compensatory damage limitations will be adjusted to account for inflation. (W. Va. Code. §55-7B-8)
Statute of Limitations
- 2 years. (W. Va. Code. §55-7-6(d))
Damages Cap
- Noneconomic damages for medical malpractice are limited to 250,000 per occurrence, regardless of the number of defendants. The cap is $500,000 for injuries involving permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life sustaining activities. On January 1, 2004, both compensatory damage limitations will be adjusted to account for inflation. (W. Va. Code. §55-7B-8)
The 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:
This past weekend a West Virgina nursing home resident was sexually assaulted by a visitor. A manager of the Valley Haven Geriatric Center in Brook County called police when they noticed an elderly man acting inappropriately towards a female resident. The man identified as 81-year-old William Jones was arrested for sexual assault but remains free on bond.
According to Brooke County Sheriff, Richard Ferguson, Jones and the victim were relatives.
Was this perpetrator a known problem? Did the resident actually want to see him?
Eleven people exposed to tuberculosis at Pinecrest Hospital, a West Virginia nursing home, have settled their lawsuits brought against the facility. The lawsuit was brought on behalf of nursing home patients, employees and visitors claims the nursing home was negligent in failing to keep air contaminated with TB out of the general areas of the facility.
Tuberculosis is bacterial infection commonly found in the lungs. Pulmonary TB is contagious and may be easily spread through the air. Symptoms include: heavy cough with sputum, tiredness, weight loss, fever increased pulse and swelling of the lymph nodes. TB is treatable, but requires extensive medications and the symptoms may linger for six months or more. TB can be fatal among nursing home residents as many already have weakened immune systems....
Over the past few years, I begun to notice a trend innursing home litigation-- more lawsuits getting filed against particular facilities. Sure, an incident can occur during a momentary lapse of judgment-- at any facility -- at any time, but is there reason to be concerned when we see multiple lawsuits piling up against particular facilities?
There will always be the cynics out there who insist an influx of lawsuits involving a particular facility is really due to copycat behavior on the part of families lining up to 'cash in' when they see other's recovering from situations involving poor care. However, having spoken to thousands of families who have suffered a loss involving mistreatment of a loved one at a nursing home, I firmly believe to the contrary.
After just two hours of deliberation, a West Virginia jury has awarded a family of a deceased woman $91.5 million in damages against Heartland of Charleston, a Manor Care facility. The verdict is comprised of $11.5 million in compensatory damages and $80 million in punitive damages against the facility. The nursing home lawsuit alleged that Heartland's failure to provide life's elemental needs--- food and water-- contributed to her death just weeks after her initial admission.
Allegations of nursing home neglect
Like many families coping with a family member's declining health, Tom Douglas knew it was time for his mother needed additional care that a skilled nursing facility could allegedly provide. After recognizing that he was having difficulty caring for his mother at home, he sought out a facility that was uniquely equipped to care for her various ailments including: Alzheimer's, Parkinson's and dementia,
About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…