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Appeal indicates evidence should be allowed in new trial

Many people in West Virginia today have experienced the need to take care of an elderly parent or other relative or at least know people in such a position. When a loved one requires care beyond what can be provided at home, the need arises to select a nursing home or other facility in which a person can live.

While one would hope that anyone who chooses to work with elderly or ill people would be fully committed to providing excellent care, there are sadly too many times when this does not happen. To make matters worse, in addition to the best care not being provided treatment that actually directly causes harm to people can be experienced. This sort of treatment is what allegedly led to the death of an Alzheimer’s patient per a lawsuit regarding the matter.

A suit was filed a little less than two years after the man’s death asserting that he was neglected and abused and that neglect and abuse caused him to die. However, despite the fact that the lawsuit was initiated within the designated statute of limitations, the court prevented some evidence from being used during the trial. This led the woman who initiated the suit to appeal the eventual decision. A higher court agreed that the evidence should have been admissible and ordered a new trial. The new trial will be only for personal injury, not for wrongful death.

People in West Virginia who must witness the neglect or abuse of an elderly person may wish to contact an attorney to learn about how they can seek compensation for these actions.

Source: West Virginia Record, “Supreme Court rules for new trial in nursing home lawsuit,” Kyla Asbury, May 23, 2016

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