Estate Sues Doctor, Alleges Negligent Care Led to Kanawha County Woman's Death

CHARLESTON, W.Va. — The estate of a Kanawha County woman has filed a medical malpractice lawsuit against a doctor, alleging his failure to properly treat a severe pressure ulcer and resulting infection led to her death last year.

Carmen D. Jones, administrator of the estate of Anna Elizabeth Jones, filed the complaint July 2 in Kanawha Circuit Court against Dr. James R. Toothman, a doctor of osteopathy who practices in Putnam County.

According to the complaint, Anna Jones was admitted to Genesis Dunbar Center, a nursing facility in Kanawha County, on June 10, 2025, and came under Toothman's care. Over the following two weeks, the lawsuit alleges, a wound on her lower back worsened into a Stage 4 pressure ulcer that became infected with multiple bacteria, including E. coli and MRSA.

The suit claims that despite lab results showing signs of a spreading infection and her declining condition, Toothman did not arrange for Jones to be transferred to a higher level of care until June 23, 2025 — by which point she had developed septic shock. She died at a Charleston hospital on July 4, 2025, following two rounds of surgery.

The complaint alleges Toothman violated the West Virginia Medical Professional Liability Act by deviating from the standard of care expected of health care providers, including failing to reassess Jones' condition, delaying follow-up on lab work, and failing to ensure timely antibiotic treatment and transfer to a hospital.

Attorney L. Dante diTrapano, who represents the estate, said the care Jones received was "inexcusable" and that her death was preventable.

The estate is seeking compensatory damages for medical expenses, lost wages, pain and suffering and funeral costs, along with punitive damages, attorney fees and court costs. The case has been assigned to Circuit Judge Stephanie Abraham.

Toothman had not filed a response to the complaint as of Thursday.

The case is Carmen D. Jones v. James R. Toothman, D.O., Kanawha Circuit Court case number 26-C-783. Full case docket: https://trellis.law/case/54039/cc-20-2026-c-783/carmen-d-jones-as-administrator-estate-anna-elizabeth-jones-v-james-r-toothman-d-o