WEST VIRGINIA RECORD

CHARLESTON -- A man is suing Montgomery General Hospital after he claims it is responsible for his aunt's death.

Beverly Enterprises-West Virginia, Inc., which is doing business as Golden Living Center-Glasgow, was also named as a defendant in the suit.

Margaret Hodge was transferred to Golden Living Center in 2010 for aftercare for healing from a hip fracture she suffered as a result of a fall, according to a complaint filed June 21 in Kanawha Circuit Court.

Darrell E. Hodge claims the defendants were to check on her multiple times, were to have a bed alarm in place at all times and were to assist her to the bathroom and to other places at the facility.

On March 12, 2011, Margaret Hodge was found next to the toilet, having fallen, and was taken to the hospital because she was pale, complained of nausea, abdominal pain and chest pain and had multiple skin tears on her arm, according to the suit.

Darrell Hodge claims Margaret Hodge was later discharged from Montgomery General Hospital less than two hours after she arrived and returned to Golden Living, where she was pronounced dead due to a laceration of the spleen with hemoperitoneum caused by the fall she had suffered earlier that day.

The defendants failed to watch after Margaret Hodge, according to the suit.

Darrell Hodge claims the defendants also failed to properly monitor Margaret Hodge and assist her when she needed to go to the bathroom.

The hospital was negligent in failing to investigate and appropriately treat Margaret Hodge's condition, including her spleen laceration, according to the suit.

Darrell Hodge is seeking compensatory and punitive damages. He is being represented by Robert V. Berthold Jr., Holly G. DiCocco and Shawn R. Romano.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 12-C-1152