Heartland of Martinsburg sued by estate of late woman

MARTINSBURG – A Martinsburg nursing and rehabilitation center is being sued by the estate of a woman who spent more than three months there in 2012.

Sue R. Johnson on May 8 filed a lawsuit in Berkeley County Circuit Court on behalf of the estate of Frances Rhodes, who spent March 27, 2012, to July 8, 2012, at Heartland of Martinsburg. The lawsuit says Rhodes passed away July 31.

Other defendants include Manor Health Care Services and unknown medical providers, controlling officers, managing members and general partners.

The lawsuit alleges the company failed to:

-Properly hire and oversee staff;

-Provide a safe environment;

-Adequately assess Rhodes’ needs;

-Adequately assess and treat pain;

-Document assessment and medical records;

-Notify her physician and family in a timely manner regarding changes in condition;

-Follow the physician’s orders;

-Prevent falling;

-Provide adequate nutrition and hydration; and

-Prevent several urinary tract infections.

Representing the plaintiff is Michael T. Collis of Wilkes & McHugh in Pittsburgh.

The lawsuit makes claims of negligence, premises liability, breach of fiduciary duty, respondeat superior and wrongful death.

The case has been assigned to Judge John Yoder.

Berkeley Circuit Court case number 13-c-367.