Son blames Sun Healthcare Group for father’s death

By Kyla Asbury | Feb 22, 2013

CHARLESTON – A man is suing Sun Healthcare Group for allegedly being negligent while caring for his father while he was in its care.

Sabra Health Care REIT, Inc.; SHG Services, Inc.; Sunbridge Healthcare Corporation; Sunbridge Care Enterprises, Inc.; Sunbridge Mountain Care Management, Inc.; Atlantic Financial Group; Roger Davis; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to New Martinsville Healthcare Center) were also named as defendants in the suit.

The defendants allowed Philip Rial to sustain aspiration, pneumonia, dehydration, malnutrition and death while he was a resident of its facility, according to a complaint filed Feb. 13 in Kanawha Circuit Court.

Edwin Rial claims the defendants failed to meet the standard of care and violated their duty of care to Philip Rial through mistreatment abuse and neglect.

The defendants failed to respond to significant signs and symptoms of change in Philip Rial’s condition; failed to adequately and timely assess, monitor and/or treat the development and progression of pressure sores and infection; failed to properly assess Philip Rial’s reasonable risk of development of pressure sores and infections; failed to develop, implement and update an adequate and appropriate resident care plan; and failed to maintain appropriate records, according to the suit.

Edwin Rial claims the defendants negligence caused his father to suffer extreme pain and suffering, mental anguish, embarrassment, fright and death.

The defendants also used deception, false pretense, false promises and/or misrepresentations and/or the concealment, suppression and/or omission of material facts with the intent that Edwin Rial and others would rely on such in connection with the sale of nursing home services, according to the suit.

Edwin Rial is seeking compensatory and punitive damages. He is being represented by James B. McHugh and Michael J. Fuller Jr. of the McHugh Fuller Law Group.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-289

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