Daughter blames health care providers for mother's death

By Philip Gonzales | Apr 28, 2017

WHEELING — A Wetzel County woman is suing Ohio County health care providers, alleging their negligence led to her mother's death.

WHEELING — A Wetzel County woman is suing Ohio County health care providers, alleging their negligence led to her mother's death. 

Pamela Sue Underwood Witschey, as executor of the estate of Margaret Ova Underwood, filed a complaint March 10 in Ohio Circuit Court against Guardian Elder Care at Wheeling LLC, doing business as Peterson Rehabilitation Hospital, and Geriatric Center and Dr. James Louis Comerci, alleging they violated the West Virginia Professional Liability Act.

According to the complaint, Margaret Ova Underwood was a resident patient at Peterson Center when she died Jan. 17, 2015 from sepsis and health care-associated pneumonia. Prior to her death, the suit says, she had suffered severe dysphagia, aspiration pneumonia and an oxygen saturation of 78. 

The plaintiffalleges the defendants breached their duty to exercise reasonable care, skill and ability exercised by other health care providers under similar circumstances.

Witschey seeks trial by jury, compensation for all specific and general damages, funeral expenses, interest, litigation costs and punitive damages. She is represented by attorneys Jonathan E. Turak of Gold Khourey & Turak LC in Moundsville, by Kathy A. Brown of Kathy Brown Law PLLC in Charleston, and by Timothy D. Houston of Houston Law PLLC in Charleston.

Ohio Circuit Court Case number 17-c-80

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