Boone County widow sues CAMC for negligent care

By Kyla Asbury | Nov 7, 2012

CHARLESTON – A Boone County woman is suing Charleston Area Medical Center after she claims it provided negligent care for her late husband.

On Nov. 19, 2009, Boyd F. Burgess was admitted to CAMC-General Division, according to a complaint filed Oct. 26 in Kanawha Circuit Court.

Naoma Burgess claims while he was a patient at CAMC, Boyd Burgess suffered from a skin breakdown and pressure ulcers.

CAMC failed to provide adequate care plans for skin issues and wound care and failed to monitor Boyd Burgess for skin breakdowns, according to the suit, and failed to provide adequate and timely pressure relief and care or treatment to prevent the development of the skin breakdown.

Naoma Burgess claims the negligence and carelessness of the hospital contributed substantially in causing serious injuries to Boyd Burgess, resulting in pain and suffering and eventually, his death.

CAMC had a duty to act with reasonable care in the provision of services to Boyd Burgess during the course of his admission to the hospital and breached that duty, according to the suit.

Naoma Burgess claims as a result of the defendant’s negligence, Boyd Burgess sustained bodily injuries resulting in pain and suffering; mental anguish; inconvenience; physical impairment; loss of capacity for the enjoyment of life; aggravation of existing diseases and physical defects; and eventual death and incurred medical expenses.

As a result of the defendant’s negligence in caring for Boyd Burgess, he suffered from systemic abuse and neglect, which caused significant injuries that ultimately led to his death on Jan. 17, 2010, according to the suit.

Naoma Burgess claims she has sustained mental pain and suffering and loss of companionship and guidance of her husband as a result of his death.

The defendant’s negligence has also caused Naoma Burgess and/or the estate to incur medical expenses for care and treatment of the conditions that led to his death and funeral expenses, according to the suit.

Naoma Burgess is seeking compensatory and punitive damages. She is being represented by Andrew L. Paternostro, Sprague W. Hazard and Jeff D. Stewart.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 12-C-2165

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