Nursing Home Faces Wrongful Death Claim for Medical Negligence

June 14, 2021, 2:15 PM

A West Virginia woman’s estate can proceed with a lawsuit alleging a nursing home’s medical negligence caused her death, because it was timely filed, the state’s top court said.

The two-year statute of limitations for wrongful death cases, not the one-year statute of limitations contained in the state’s medical malpractice law, applies when an estate brings a lawsuit over a death allegedly caused by medical negligence, the West Virginia Supreme Court of Appeals said.

Jacqulin Cowell lived in a nursing home operated by Morgantown Operating Co. Doctors attributed her June 2018 death to sepsis and osteomyelitis, caused by a bedsore ...

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