A West Virginia jury found a nursing home guilty of neglect and awarded the victim's family with $91.5 million. The family's 87 year-old grandmother died in nursing home care after they claim the facility failed to provide the woman with enough food and water for three weeks.
Now the nursing home plans to appeal the decision to West Virginia's Supreme Court. They argue that the amount awarded violates the state's medical malpractice cap, but the defendants claim that since the elderly woman's death did not result from improper medicinal care, but nutrition and hydration neglect, that the medical malpractice cap law does not apply to this case. The family's lawyers also argue that the caregivers at the nursing home are not licensed to administer medicine, therefore medical negligence also did not occur. They hope the Supreme Court agrees and throws out the appeal.
If someone you love has been injured in an accident caused by neglect or abuse in a nursing home, contact a Stevens Point nursing home malpractice lawyer of Habush Habush & Rottier S.C. ® at 800-242-2874.