Official Statement: WVSCA Decision in Heartland of Charleston Case
June 18, 2014
Charleston, W.Va. – The West Virginia Association for Justice issues the following statement in response to the West Virginia Supreme Court decision in the case against Heartland of Charleston, now part of Manor Care Inc.:
“With this decision the West Virginia Supreme Court has sent a clear message to nursing home corporations operating in our state—when you intentionally put the lives of West Virginia seniors at risk by cutting corners to increase your profits, you will be held accountable for it,” said Anthony Majestro, president of the West Virginia Association for Justice.
“In a study issued by Medicare, more than half of West Virginia’s facilities were cited for deficiencies in patient care, and more than half of those have been cited for multiple severe deficiencies, a failure to follow minimum care standards and have endangered the lives of the seniors in their care. Elderly people are left in filth because workers in understaffed facilities can’t keep them clean. Others, like Dorothy Douglas in this case, die of malnutrition and dehydration because they can’t feed themselves—and no one bothers to notice. Even the prisoners in our jails get adequate food. This is wrong and nursing home corporations who put their profits over patient safety must be held accountable for it.”
WVAJ also maintains that outside of direct medical care provided in nursing homes, these facilities should not be covered under the Medical Professional Liability Act.
“There are major differences between nursing home corporations and other types of medical providers, such as nurses, doctors and hospitals. Probably the most significant is that hospitals and physician’s practices tend to be run by doctors themselves – healers who dedicate their lives to curing the sick. Nursing homes, on the other hand, are almost uniformly run by business people – trained in accounting, finance and marketing, not medicine. West Virginia’s Medical Professional Liability Act was intended to protect West Virginia’s doctors and nurses – our healers. It was not intended to provide a shield for out-of-state corporate interests that cut costs by providing substandard care to our elderly while fleecing Medicare and Medicaid tax dollars,” said Majestro.
The West Virginia Association for Justice represents more than 500 plaintiffs attorneys throughout West Virginia and in surrounding states. WVAJ members are committed to preserving and improving our civil justice system in order to ensure that any person who is injured by the misconduct and negligence of others can obtain justice in America’s courtrooms. WVAJ members work to protect West Virginia families by promoting safe workplaces, safe products, quality healthcare, a clean environment and corporate responsibility.
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