A Pittsburgh man filed a six-count lawsuit in December 2011 for a 2010 2-month admission at a skilled nursing facility in Danville, West Virginia. The short term admission ended in the death of the resident, who is the subject of the suit. A Pittsburgh attorney is representing the Pittsburgh man, named administrator of the deceased's estate.

The suit claims that the nursing facility was guilty of medical malpractice because of negligence in the deceased's care and safety. The petition cites an alleged violation of West Virginia Code 16-5C-1, pursuant to the Survival Act, which mandates a jury trial. The suit alleges that the facility did not properly manage or perform the decedents' care with a competent "medical care provider."

The lawsuit also contained other named defendants, including Sterling Health Care Management, Inc., Advocate, Inc., Diversified Management Services Co., and Diversified Leasing Corp., all of which are based in Brentwood, Tennessee. Language in the lawsuit contends that these organizations "were the business entities and/or individuals, which owned, controlled, managed, supervised, operated, and/or otherwise oversaw the [Danville] facility, and/or the property. . . and/or its assets."

Medical malpractice claims for these reasons will likely only increase as the U.S. population ages, as it is now doing. Unfortunately, claims against nursing and rehabilitation facilities for seniors have been increasing. Equally disturbing, there are often valid reasons for concerns. Recently (third week of February 2012) a facility in Rhode Island was prohibited from accepting new patients for similar lack of patient attention reasons, as determined by the state Health Department.

Unlike most of the nation's top hospitals, nursing home facilities seem to attract more negative attention and legal actions for lack of proper medical care, safety and procedures. The Danville trial is expected to begin in December 2012, unless new evidence is discovered or a settlement is reached in the coming months.

Source: The West Virginia Record, "Danville nursing home hit with lawsuit," Harmon Marks, Feb. 8, 2012