CHARLESTON -- A man is suing Select Specialty Hospital-Charleston and a physician after he claims they are responsible for his mother's death.

On Oct. 20, 2008, Thelma Burgess was admitted to Select Specialty Hospital-Charleston to be weaned from a ventilator, according to a complaint filed Oct. 29 in Kanawha Circuit Court.

William Burgess claims the defendants failed to properly monitor Thelma Burgess.

During the course of her admission, one or more nurses at the hospital attempted to intervene to stop the negligent and reckless care provided Thelma Burgess by Dr. Majester Abdul-Jalil without success, according to the suit.

William Burgess claims following the unsuccessful attempts to persuade Abdul-Jalil to significantly change his negligent plan of care, one or more nurses "went up the chain of command and alerted a supervisor and the director of nursing about the substandard care being received by Mrs. Burgess."

Abdul-Jalil and the hospital deviated from the applicable standard of care expected and caused Thelma Burgess's death on May 22, 2009, according to the suit.

Burgess is seeking compensatory and punitive damages. He is being represented by C. Benjamin Salango and Dan R. Snuffer Jr.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 10-C-1948

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