When a surgeon fails to exercise a reasonable degree of care in West Virginia, the outcome can be life-altering for his or her patient. In one out-of-state case, a woman recently filed a $15 million claim against a hospital for an alleged botched surgery. The woman said the surgical errors caused her to suffer paralysis, which affected her speaking ability and led to other incapacitating injuries.
The woman, who was 52 years old when the incident occurred, had a hearing problem and was discovered to have two benign tumors. One had previously been diagnosed, while the other one apparently caused her hearing loss. Physicians recommended that the first one be removed.
According to the complaint, surgery was then performed, but without proper informed consent. The woman said, prior to surgery, she had no problems with motor skills, body movement, speech or vision. However, during the removal of the woman’s tumor, doctors are said to have negligently cut the woman’s middle cerebral artery, which supplies the brain with blood. A stroke occurred and left the woman paralyzed on her right side. The woman now requires care around the clock, having lost her ability to control her bodily functions, swallow and speak.
When surgical errors cause a person in West Virginia to suffer permanent injuries, it is grounds for a medical malpractice lawsuit. The victim has the right to pursue damages, which may help to cover his or her medical costs and other losses stemming from the documented incident of malpractice. Although monetary compensation cannot undo the tragic events resulting from malpractice, it may help to address the emotional distress caused by the incident.
Source: thegazette.com, “Linn County woman files $15 million medical malpractice claim against UIHC“, Trish Mehaffey, March 15, 2016