Woman sues HCR ManorCare for nursing home negligence

By Kyla Asbury | Jul 25, 2011

CHARLESTON -- A Kanawha County woman is suing HCR ManorCare after she claims it negligently cared for her father.

ManorCare, Inc.; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; Danny Davis; Jeffery Smith; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Heartland of Charleston) were also named as defendants in the suit.

Robert Walker was admitted to Heartland of Charleston on Nov. 9, 2007, where he remained a resident until Aug. 31, 2009, according to a complaint filed June 8 in Kanawha Circuit Court.

Yvette Smith claims the defendants' negligent care accelerated the deterioration of Walker's health and physical condition beyond that caused by the normal aging process and resulted in physical and emotional trauma, including pressure sores, infections, malnutrition, dehydration and death.

The defendants breached their duties by failing to properly manage, operate and/or control their nursing homes in a manner that a reasonably careful person/corporation would have provided under similar circumstances, according to the suit.

Smith is seeking compensatory and punitive damages. She is being represented by James B. McHugh, Michael J. Fuller Jr. and Amy J. Quezon.

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

Kanawha Circuit Court case number: 11-C-939

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