Age Is No Factor In Wrongful Death

A wrongful death lawsuit filed in West Virginia in October of 2013 shows that medical malpractice, neglect and abuse can occur in any medical setting — even a nursing home.

In this case, a woman named Thelma McHenry died while in the care of Pine Lodge Care & Rehabilitation Center. McHenry’s attorney alleges that during her time at Pine Lodge, she was continuously administered substandard care, neglected and abused. Specific examples include being given the wrong medication, being allowed to dehydrate and sustaining multiple injuries from falling. In addition, McHenry’s attorney claims she was given insulin, even though she was refusing to eat, a practice the nursing home staff failed to recognize as dangerous.

Wrongful death claims in West Virginia must be filed by the personal representative of an estate, but can be shared among many surviving family members, including children, spouses, parents, siblings and any other family members who were financially dependent on the deceased person when the death occurred.

A wrongful death claim may result in damages awarded to family members for different categories of loss, including sorrow and mental anguish, loss of companionship, medical bills, funeral expenses, lost wages and lost or damaged property. Individuals must file the claim within two years of the death in accordance with West Virginia’s statute of limitations.

If you believe your loved one was the victim of a wrongful death, contact an attorney right away. With the help of reliable legal counsel, you and your family may be able to receive the compensation you deserve.

The law firm of Cooper Hurley Injury Lawyers boasts more than four decades of combined experience practicing in the Commonwealth of Virginia. We are available 24/7 and do not bill clients until they receive compensation. If you have questions or would like to schedule a free consultation, contact us at 757.455.0077.