A woman filed a nursing home malpractice lawsuit against Eldercare of Jackson County LLC on behalf of her deceased father, alleging nursing home abuse.

Plaintiff Tiffiny L. filed the nursing home malpractice lawsuit in West Virginia federal court. The lawsuit was filed on March 2, 2018.

According to the nursing home malpractice lawsuit, Tiffiny says that on or around Nov. 5, 2015, her father was admitted into Eldercare Health for “assistance with his activities of daily living.” However, Eldercare allegedly failed to provide a safe environment for Arthur to reside in, the lawsuit states.

Allegations against the nursing home state that the facility failed to provide appropriate supervision as shown by the “development and progressive worsening of pressure related skin injury and infection” suffered by her father, according to the nursing home malpractice lawsuit.

The negligence and carelessness allegedly committed by the employees at Eldercare Health is said to have caused Arthur serious injuries including pain and suffering, ultimately leading to his death.

According to the nursing home malpractice lawsuit, Arthur “suffered from systemic abuse and neglect causing significant injuries, ultimately leading or contributing to his death on or about February 15, 2016.”

The nursing home malpractice lawsuit was filed on multiple counts including statutory violations, negligence, ordinary negligence and reckless misconduct, and wrongful death.

Tiffiny demands a trial by jury.

Filing a Nursing Home Malpractice Lawsuit

According to the Nursing Home Abuse Center, it is estimated that about “1-2 million U.S. citizens 65 years of age or older have been mistreated, exploited or injured by a caregiver.” Nursing home neglect is, unfortunately, a significant issue in the United States.

According to the Nursing Home Abuse Center, one out of every 14 incidents of senior abuse originates from state and local authorities, and that 450,000 seniors (60 years or older) in 1996, suffered from some kind of abuse or neglect.

There are different kinds of long-term health care institutions that are repeatedly cited for nursing home neglect. These institutions can include care homes, adult day care centers, residential boards, skilled nursing home facilities, and assisted living facilities.

However, not only is senior abuse resulting from nursing home neglect heart-wrenching, it’s also against the law. Individuals who have suffered from nursing home neglect and/or senior abuse may be eligible to file a nursing home malpractice lawsuit against the perpetrators.

The law generally denotes the following types of mistreatment as senior abuse or nursing home neglect. These include the following:

• Neglect- the repeated failure or undoing by those responsible to seniors in providing food, shelter, health care, and protection. Some signs of nursing home negligence can include pressure sores, bed sores, malnutrition, fractures from falls, dehydration, urinary tract infections, and chronic infections.
• Physical Abuse- the infliction of physical pain or injury and the deprivation of necessities.
• Abandonment- The desertion of an individual responsible for the care of a vulnerable person. This also includes the abandonment of a senior during a natural disaster.

The Nursing Home Malpractice Lawsuit is Case No. 2:18-cv-00382, in the Circuit Court of Jackson County, West Virginia.