Decision to uphold case against provider could resonate nationally

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The right for the administrator or administratrix of an estate to bring suit against an LTC provider was upheld in a recent case before the U.S. Court of Appeals for the Western District of Kentucky.

On behalf of resident Cornelia Stearman, Debra Wilcoxson was allowed to file a suit against Golden Gate National Senior Care, LLC, and a number of its subsidiaries. GGNSC argued that only a guardian can bring suit.

Golden Gate does business as Golden Living. Stearman lived at the Golden Living Center-Green Hill in Greensburg, Ky., for approximately a month in early 2013.  

The court denied the defendant's motion that Wilcoxson did not have the standing to act on behalf of the resident. The claims Wilcoxson brought on behalf of the estate were negligence, negligence per se, medical negligence, corporate negligence, wrongful death, and violations of the resident's rights law.

The court also ruled against a motion that stated that GGNSC wasn't a party to the action, because it didn't directly provide the nursing home care.

A move to remove other GGNSC concerns from the suit was also dismissed.

"The Court finds no reason to dismiss any of the Defendant entities on the basis that such entity would have no liability to Plaintiff," the ruling states.