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Sunday, May 12, 2024

Man sues nursing home for father's injuries, death

State Court
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CHARLESTON — A man is suing Sweetbriar Assisted Living for his father's injuries and death.

Hamister Group LLC was also named as a defendant in the suit.

Jesse Bailes filed the lawsuit in Kanawha Circuit Court after the 2022 death of his father, Howard Bailes.

Howard Bailes was admitted to Sweetbriar on Aug. 30, 2021, and during his residency, he suffered from four unwitnessed falls, which resulted in a right distal clavicle fracture, a small right-sided subdural hematoma with a significant decline in his condition and, eventually, his death, according to the suit.

Jesse Bailes claims the negligence and carelessness of the defendants contributed substantially to the serious injuries and death of Howard Bailes.

The defendants failed to keep Howard Bailes and his family members fully informed of his total health status and of his medical condition during his time at the defendants' facility, according to the suit.

Jesse Bailes claims the defendants failed to provide a sufficient number of staff to provide adequate and appropriate nursing care to all its residents in accordance with their resident care plans.

The defendants were negligent in their care of Howard Bailes, as they had a duty to act within reasonable care in the provision of services to Howard Bailes during the course of his admission to the facility, according to the suit.

Jesse Bailes claims the defendants breached their duties and were responsible for the serious injuries Howard Bailes sustained.

The defendants failed to maintain the premises in a safe manner and failed to provide proper care and treatment for Howard Bailes. The defendants also failed to provide proper care and treatment for Howard Bailes, according to the suit.

Jesse Bailes is seeking compensatory and punitive damages. He is represented by Jeff D. Stewart, Andrew L. Paternostro, Katherine H. Arritt and Allison R. Santer of Stewart Bell in Charleston.

The case is assigned to Circuit Judge Joanna Tabit.

Kanawha Circuit Court case number: 23-C-415

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