Woman sues HCR ManorCare, accuses nursing home of negligence

By Kyla Asbury | Dec 20, 2012

CHARLESTON – A woman is suing HCR ManorCare, LLC, after she claims it was negligent in its care of one of her family members.

HCR ManorCare, Inc.; MC Operations Investments, Inc.; HCRMC Operations, LLC; Manor Care, Inc.; HCR Manor Care Services, Inc.; Health Care and Retirement Corporation of America, LLC; Heartland Employment Services, LLC; Heartland of Clarksburg WV, LLC; HCR ManorCare West Virginia Properties, LLC; Diana Crickard; Charles Griffith; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Heartland of Clarksburg) were also named as defendants in the suit.

Melba Swick was a resident of Heartland from July 2008 until September 2010, according to a complaint filed Dec. 6 in Kanawha Circuit Court.

Jacqueline Yeager claims Swick suffered personal injuries and damages while she was a resident there.

The injuries Swick suffered while under the care of the facility accelerated the deterioration of her health and physical condition beyond that caused by the normal aging process and resulted in physical and emotional trauma, including pressure sores, infections, contractures, aspiration pneumonia, urinary tract infections, dehydration and death, according to the suit.

Yeager claims the injuries caused Swick to lose her personal dignity; extreme and unnecessary pain; degradation; anguish; otherwise unnecessary hospitalizations; disfigurement; and emotional trauma.

The defendants failed to provide nursing personnel that was properly staffed, qualified and trained; failed to take reasonable steps to prevent, eliminate and correct deficiencies and problems in resident care; and failed to ensure that the facility was properly budgeted to ensure that residents’ needs were met, according to the suit.

Yeager 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: 12-C-2400

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