Medical care institutions in West Virginia have the duty to ensure that all medical staff in their employ will provide medical care of a standard high enough not to jeopardize the lives of patients. In cases where the level of care is compromised, medical malpractice claims may follow. In medical malpractice cases, a hospital or nursing home could be held liable for the actions of its medical staff.
A couple from Raleigh County recently filed a lawsuit after the reported negligence of medical staff at a general hospital. Apparently the wife went to the hospital for treatment of a fractured ankle. The suit claims that she became unresponsive and suffered respiratory distress after allegedly being overdosed with painkillers. This condition reportedly necessitated critical care where more drugs were administered in an attempt to reverse the negative effects of the painkillers.