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Martinsburg woman sues area nursing home and facility staff

A Martinsburg woman has sued Canterbury of Shepherdstown, a local nursing home, and three of its staff members for violating the West Virginia Patient Safety Act as well as for retaliatory discharge.

Juanita Hamilton, a certified nurses aid, claims she was retaliated against by the nursing facility and its staff members when she reported an incident of resident to resident abuse. 

Hamilton alleges that on the night of February 24, 2008, she witnessed a male resident leaving the room of a female resident with his pants down.  When she confronted the male resident he allegedly attempted to strike Hamilton.  In an attempt to control the situation, Hamilton placed her hands on the man's walker.

Hamilton claims that none of the staff nurses attempted to check on the abused female patient and that when Hamilton and two other nurses aides did check on her, she was lying in her bed with the covers down and her briefs pulled down exposing her bottom.  

Hamilton further alleges that the defendants did not investigate or report the abuse to any authorities.  Instead, Hamilton claims that the defendants falsely accused her of abusing the male resident in an attempt to cover up the situation and by firing her.   

Hamilton is represented by Martinsburg attorney Harry P. Waddell.

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