Nursing home operator accused of malpractice

By Philip Gonzales | Apr 13, 2017

CHARLESTON — An estate representative is suing Genesis Healthcare LLC, Genesis Eldercare Network Services Inc. and other parties, alleging that insufficient measures were taken to prevent injuries to a now-deceased nursing home resident.

Andrea Lynn Toney Tipton, on behalf of the estate of Edith Marie Stewart, filed a complaint in Kanawha Circuit Court against the defendants, alleging that they failed to discharge their obligations of care to decedent.

According to the complaint, between Dec. 22, 2014, and May 13, 2015, Stewart was a resident at the defendants' Marmet Center. During that period, she sustained personal injuries and damages and died on May 13, 2015, the complaint said. The plaintiff holds Genesis Healthcare, Genesis Eldercare Network Services Inc. and others responsible because the defendants allegedly failed to properly operate the nursing home facility, failed to properly budget and allocate resources and failed to take corrective actions when problems arose.

The plaintiff requests a trial by jury and seeks compensatory and punitive damages, costs of this action and other relief. She is represented by James B. McHugh, Michael J. Fuller Jr., D Bryant Chaffin and Kendra R. Fokakis of the McHugh Fuller Law Group PLLC in Hattiesburg, Miss.

Kanawha Circuit Court Case number 17-c-313

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