CHARLESTON — A daughter is suing a nursing home, alleging negligence led to her mother's death.

Donna Carpegna, administrator of her mother Judith Ross' estate, filed a complaint May 1 in Kanawha Circuit Court against Diane Drive Operations LLC and Genesis Healthcare LLC, alleging they failed to exercise standard care and skill in treating her mother.

According to the complaint, on Aug. 21, 2015, Ross suffered serious personal injuries, physical pain, extreme emotional and mental trauma, which eventually resulted in her death from gastrointestinal bleeding and septic shock. The suit says as a result of the negligence of the defendants to timely report to a physician Ross' adverse changes, signs and symptoms in her condition, this caused a delay in sending her to an emergency room. 

The plaintiff alleges the defendants failed to immediately report Ross' complaints and distraught behavior to a physician, failed to immediately call for emergency transport, and failed to adequately train, supervise, monitor and ensure that their employees can properly assess patients and detect signs and symptoms.

Carpegna seeks trial by jury, curative and punitive damages, costs of suit, attorney fees and all further relief the court deems proper. She is represented by attorneys William M. Tiano and Cheryl A. Fisher of Tiano O'Dell PLLC in Charleston.

Kanawha Circuit Court Case number 17-c-610

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Kanawha Circuit Court
111 Court Street
Charleston, WV - 25301

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