Sister Files Negligence Suit Against Nursing Home

November 20, 2007

The sister of a former patient recently filed a suit against a nursing home in North Lima, Ohio.

A nurse who previously worked at the home was also named in the suit, which alleges that the nurse caused the patient to suffer by denying him pain medication.

Victim’s Sister Takes Action

Mary Eileen Diorio, the sister of Martin Gilboy, filed the suit against Caprice Health Care of North Lima and one of their nurses, Sharyn Lynn Duponty.

Diorio is accusing Duponty of denying Gilboy his pain medication and concealing her actions from the patient and his family.

The suit claims that Duponty signed off medication for the patient, but never gave it to him.

Gilboy died at Caprice from cancer in November 2005.

Charges Against Nurse

Duponty was indicted in February 2006, on theft charges alleging that she stole two 500-milligram Hydrocodone painkilling tables that were meant for Gilboy in October of 2005.

When officials screened Duponty for Hydrocodone she tested positive, while the boy had no trace of the medication in his bloodstream.

Family in Mourning

Diorio supposedly suffers from mental and emotional distress due to the death of her brother and the nursing home’s negligence.

“The family believed they were doing everything they could in placing him in the care of that staff, and, almost two years later, came to find out that he wasn’t getting the medicine that was prescribed for him to relieve his pain,” stated the family’s attorney, Elizabeth Bernard.

The family is seeking damages exceeding $25, 000 from the nursing home who, they claim, should have known that one of their employees was unfit to be caring for their patients.

(Source: Vindy.com)

Do you know someone who has been the victim of nursing home abuse or negligence? If so, please contact us to speak with an experienced nursing home attorney who can evaluate your case and ensure that you are receiving the legal advice and support that you need.

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