Lawsuit says foot dragged under wheelchair

By Kyla Asbury | Aug 14, 2013

CHARLESTON - A couple are suing Herbert J. Thomas Memorial Hospital Association for injuries allegedly caused by the nursing staff.

On Dec. 16, 2011, Shirley Young was transported to the defendant's emergency room by a friend and was taken from her vehicle via wheelchair by two nursing personnel, according to a complaint filed July 29 in Kanawha Circuit Court.

Young and her husband, Robert L. Young claim Shirley Young's foot was dragging under the wheelchair and it became injured.

On more than one occasion during the wheelchair transfer, Shirley Young cried out that her left foot was hurting but the nursing personnel made no attempt to identify the cause of Shirley Young's distress, according to the suit.

The Youngs claim in the Emergency Department, she complained that her left foot and ankle pain was an 8 out of 10 on the pain scale.

The defendant had a duty to exercise caution in providing nursing care to Shirley Young and a duty to adequately assess her to confirm that she was safely and properly seated in the wheelchair, according to the suit.

The Youngs claim the defendant negligently failed to exercise caution in providing nursing care to Shirley Young and negligently failed to provide basic safety measures in the care of Shirley Young.

As a result of the defendant's actions and omissions, Robert Young lost his wife's society, companionship and conform and suffered consortium damages, according to the suit.

The Youngs are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Frank Venezia and Benjamin M. Mishoe of Shaffer & Shaffer PLLC.

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

Kanawha Circuit Court case number: 13-C-1412

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