By Kyla Asbury
WV Record, Kanawha Bureau

CHARLESTON - A Roane County woman is suing Thomas Memorial Hospital after she claims it is responsible for her family member's death.

On Dec. 16, 2008, James Montgomery Jr. was admitted to the hospital for treatment and management of dehydration and confusion, for which he remained a patient for 37 days, according to a complaint filed Sept. 28 in Kanawha Circuit Court.

Twila Montgomery claims James Montgomery Jr. developed pressure ulcers and suffered from multiple falls during his stay at the hospital, which ultimately led or contributed to his death on Feb. 5, 2009.

The defendant failed to adequately monitor and assess James Montgomery Jr. for his risk of malnutrition; failed to provide him with appropriate nutrition and prevent him from becoming malnourished; and was negligent in its care of him, according to the suit.

Twila Montgomery is seeking compensatory and punitive damages. She is being represented by Andrew L. Paternostro and Jeff D. Stewart.

The case has been assigned to Circuit Judge Charles King.

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