A Pennsylvania Court has allowed the Plaintiff to seek punitive damages in a Pennsylvania nursing home negligence lawsuit against Golden Living. The lawsuit, filed on behalf of Mary Ann Miller, alleges that Golden Living Stroud’s facility in East Stroudsburg neglected Ms. Miller, which resulted in bedsores and her wrongful death.
According to the Complaint, Ms. Miller was admitted to Golden Living for rehab following a hip surgery in November 2015. During her residency, Ms. Miller allegedly developed pressure ulcers. She passed away in February 2016 and a subsequent autopsy linked the pressure sores to her death.
Punitive Damages Against Golden Living
Punitive damages, also known as punishment damages, are rarely available to Plaintiff’s in nursing home negligence cases. In order to obtain Court permission to plead punitive damages, a Plaintiff must prove more than ordinary negligence. Instead, a lawyer must prove “willful or wanton conduct.”
In this case against the Golden Living nursing home, Magistrate Carlson issued his ruling as follows:
“The well-pleaded facts set forth in the complaint plausibly state a claim for punitive damages under Pennsylvania law since, fairly construed, this complaint alleges that the defendants were subjectively aware of Mrs. Miller’s heightened susceptibility to bed sores, yet neglected to treat this condition until Mrs. Miller was suffering from stage 5 necrotic ulcers . . .”
What is the Purpose of Bringing a Wrongful Death Case Against Golden Living?
Clearly, no amount of money will take away the suffering your loved one endured inside a negligent facility. No amount of dollars will heal the grief that your family went through. However, by bringing a punitive damages case against Golden Living or similar corporate nursing home chains, you are making sure this kind of harm does not happen to the next resident.
Skin breakdown and continued falls “is cause for serious concern,” one that facilities “too often” fail to address through prevention strategies, says Lori Smetanka, director of National Consumer Voice for Quality Long Term Care. “The tort system plays a very important role in protecting residents . . . the oversight and enforcement system has been largely inadequate in pushing providers to achieve sustained compliance and improve care practices.”
Case Against Golden Living?
If you believe you have a potential case against Golden Living for nursing home negligence, allow our experienced attorneys to assist your family. Nursing home negligence claims are the focus of our law firm. We are here to help: 1-844-253-8919. The call is free and we only get paid if you make a recovery on your case.« Previous PostNext Post »