Nursing Home Abuse Case Debating the Medical Malpractice Cap in West Virginia

Mar 11, 2014

Key policy makers in West Virginia are putting changes to nursing home litigation on hold as a case with a $90.5 million verdict reaches the Supreme Court.

The family of Dorothy Douglas have sued the Heartland of Charleston nursing home claiming that the home failed to properly feed and care for the elderly woman thus resulting in her death. She had been in the home for a mere three weeks.

The Heartland has appealed the jury’s decision which came to a head in 2011, as the home’s attorneys are maintaining that West Virginia’s Medical Professional Liability Act should prevent plaintiffs from receiving more than $500,000 in non-economic damages in any medical malpractice case.

However the Douglas family lawyers are arguing that only a small proportion of the negligence outlined in the case pertains to “medical malpractice”, as Douglas died from malnutrition which is not something that relies solely on medical professionals to prevent. Supreme Court justices are hearing the appeals.

Nursing home abuse and neglect cases are sadly not rare in our society. Often we hear terrible stories in the news where an elderly person has become a victim in a nursing home or assisted living facility. As more and more regular Americans stand up against those who put elderly people at risk, the more these organizations will realize that they will not get away with sub standards of care, lack of training and poor quality health services. If you are in the unfortunate position of knowing a loved one who has been the victim of abuse or neglect while in a nursing home then do not delay in calling the team at Brown Wharton & Brothers Nursing Home Law Firm.