Woman sues nursing home, others for malpractice, negligence

By Kyla Asbury | Nov 3, 2009

CHARLESTON -— A woman is suing multiple healthcare companies for negligence and medical malpractice.

Lora Jarrell, the power of attorney of Ursula Gerencir, claims Manor Care, HCR Manor Care Services, Health Care and Retirement Corporation of America, Heartland Employment Services, Danny Davis and Vivian Kiraly, along with 10 unnamed individuals and eight unidentified entities are at fault for accelerating Gerencir's deterioration in health and physical condition.

Jarrell claims Gerencir's physical and emotional trauma including falls, congestive heart failure, medication diversion and malnutrition, according to a complaint filed Oct. 16 in Kanawha Circuit Court.

According to the suit, Gerencir's injuries caused her to lose her personal dignity and extreme and unnecessary pain, degradation, anguish, otherwise unnecessary hospitalizations, disfigurement and emotional trauma.

Jarrell claims the nursing home and the other companies owed a common law duty to act as reasonably prudent nursing home administrators and to prevent all reasonably foreseeable injuries to the residents of Heartland of Charleston.

According to the suit, they also owed a common law duty to retain informed as to events occurring at Heartland of Charleston through contact with the various departments that they managed, including nursing, dietary, therapy, housekeeping, social services and maintenance.

Jarrell is suing on counts of negligence, medical malpractice and fraud for general, special and punitive damages. James B. McHugh and Michael J. Fuller Jr. are representing her.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 09-C-1944

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