Family Files Wrongful Death Suit After Reports of Abuse

According to an article on Ohio’s 21 WFMJ, three employees from Greenbriar Health Center in Boardman, Ohio are being charged with abuse. The article, by Mike Gauntner 21 WFMJ’s Online Content Manager, reports that the charges stem from an incident involving a patients death.

The Civil  Case

The article states that the victim, William Wolfe, was given the wrong dosage of medication, which led to his death, and the incident was not reported to the victim’s family. The family then filed a wrongful death case. The article reports that:

The lawsuit claims that on June 29, 2015, employees gave Wolfe a dose of extended-release morphine that was not prescribed to him, and that Wolfe’s family was not notified of the medical error.

Wolfe was found the next morning unresponsive and was taken to St. Elizabeth’s Hospital where he was pronounced dead.

The article reported that the suit had been settled for $1 million dollars. When a nursing home’s carelessness leads to injury, the injured resident has a personal injury case.  When that injury causes the resident’s death—whether immediately, or over time—the resident’s family has a case, too, called a “wrongful death” case.

While the resident’s case is for pain and suffering, in Ohio, the wrongful death damages for the resident’s family involves their loss of relationship and mental anguish—including grief—from losing their loved one. The wrongful death case is based on a statute, Ohio Revised Code Chapter 2125.

Nursing home residents almost always require the care of professionals for daily living needs, medical needs, or cognitive needs, which is why they are in nursing homes in the first place.  When a nursing home is careless, and injures a resident, your lawyer will have to prove the injuries were caused by the negligence.

Things get a lot more complicated when the resident dies in the ensuing days, weeks, or months, because their death may or may not be related.  Proving that connection requires medical expert to review and determine the death was caused—at least in part—by the negligence-caused injuries.

If you would like more information on what makes a wrongful death case, please visit Eadie Hill Trial Lawyers’ page dedicated to the topic here. If you have further question you can comment below or fill out our confidential form here and we will get into contact with you.

The Criminal Case

In addition to the civil suit, the article states that criminal charges have also been issued against the three nursing home employees, two of which have already been convicted. According to the article, 52-year-old Beth Bowman, of Wellsville, is being charged with tampering with records and patient abuse. The other employees, the article reports, are:

Brenda Lamancusa, 41, of Girard, had been charged with one count of patient abuse

In December, Lamancusa was fined $100 after pleading no contest to a reduced charge of attempted failure to report a crime.

On Tuesday of this week, Johonna Hull of Canfield appeared in Boardman Curt on her 30^th birthday and pleaded no contest to a reduced charge of patient abuse.

Sadly, and is often the case, the punishment does not fit the crime. According to the article, a fine of $100 was issued in conjunction with sixty days probation.

If you suspect that your loved one was neglected and this neglect led to their death, you may have a wrongful death case in the state of Ohio. Often times, criminal charges are not enough to justify the pain and suffering. If you have concerns over your loved one’s death at a nursing home, you need to contact an experienced nursing home wrongful death attorney.

I can help you through the emotional and complicated process of holding nursing homes and their employees accountable for the loss of your loved one. It has been my experience that most, if not all, nursing home neglect and abuse cases that end in death could have been prevented. You can comment bellow or contact me here using my confidential form.

You can read the full article referenced above here.