October 15, 2013

162017_132140396847214_292624_nA West Virginia orthopedic surgeon who was sued for medical malpractice in May 2013 was also subject to a medical malpractice judgment against him in another case on October 4, 2013. The malpractice lawsuit filed on May 1, 2013 in the Circuit Court for Mercer County, West Virginia was filed by a mother on behalf of her minor daughter regarding unsuccessful shoulder surgery. The other malpractice lawsuit resulted in a jury’s verdict on October 4, 2013 in excess of $2 million but the noneconomic damages awarded by the jury in the amount of $2 million will be reduced to $623,433, pursuant to West Virginia’s cap on noneconomic damages in medical malpractice cases, leaving a total judgment in the amount of $846,280.87.

The Shoulder Claim

The orthopedic surgeon had performed an arthroscopic procedure and labral tear repair on the minor child’s left shoulder on March 17, 2011. Immediately after the surgery, the girl had neck and shoulder pain and winging of her scapula. Subsequent physical therapy was unsuccessful in treating the girl’s now permanent condition that the medical malpractice lawsuit alleges was due to negligently performed shoulder surgery by the orthopedic surgeon. The child required a second surgery and her diagnosis was chronic long thoracic neuropathy.


The October 2013 West Virginia Medical Malpractice Verdict

The medical malpractice lawsuit that began on September 30, 2013 and resulted in the October 4, 2103 verdict in favor of the plaintiffs involved a man who went to the orthopedic surgeon for treatment of a fractured metatarsal (one of long bones in the foot). The orthopedic surgeon treated the man’s foot fracture by placing him in short-leg cast and instructing him to return to work.

During the following month, the man experienced severe swelling and pain in his leg. He developed blood clots (deep vein thrombosis) in his left distal superficial femoral vein, the popliteal vein, a peroneal vein, and the posterior and anterior tibial veins. The man’s medical malpractice lawsuit alleged that the orthopedic surgeon negligently failed to properly and timely assess, diagnose, and treat his leg pain and that the orthopedic surgeon’s negligence was the cause of the development of the man’s blood clots.

The jury awarded the man and his wife $2 million for their noneconomic damages (pain and suffering, loss of enjoyment of life, mental anguish, and loss of consortium) as well as $31,532.87 for his medical expenses and $191,315 for his lost wages due to his injuries.


Two Prior Medical Malpractice Claims

A review of the West Virginia Board of Physicians website shows two prior medical malpractice claims against the orthopedic surgeon: one resulted in a settlement payment in the amount of $975,000 in August 2011 for an incident that occurred in May 2007, and the other involved a settlement payment in the amount of $50,000 in December 2001 for an incident that occurred in June 1998. Both cases were filed in the Circuit Court for Mercer County.


If you may be the victim of medical malpractice in West Virginia or in another U.S. state, you should promptly consult with a West Virginia medical malpractice attorney (or a medical malpractice attorney in your state) who may investigate your malpractice claim for you and file a medical malpractice lawsuit on your behalf, if appropriate.

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