A doctor in another state has been accused of botching a patient's operation. In light of the alleged surgical errors, the patient has decided to sue the doctor for about $3.9 million. Likewise, patients in West Virginia who are harmed due to a surgeon's negligence have the right to seek financial damages through the civil court system.
In the recent out-of-state case, the patient claimed that a gastroenterologist cut her during a surgery in 2014. However, he reportedly cut her in such a way that body fluids that were poisonous ended up flowing onto and into her organs. The woman and her husband asserted that, after the incident, other physicians did not properly diagnose the issue and treat it accordingly. In fact, the other doctors are accused of covering up the gastroenterologist's negligence.
The woman asserted that the botched surgery caused her to require three extra surgeries. She also reportedly had to stay at the hospital for 56 days, followed by two months at an advanced care facility and then three additional months at a nursing home. The patient and her husband claimed that the issue caused them to rack up more than $860,000 in expenses plus three million dollars in non-economic damages.
Surgeons are expected to exercise a reasonable degree of care when treating patients in the operating room. If they fail to do this and thus make surgical errors that end up hurting a patient, the patient has the right to seek compensation. Understanding what facts need to be proved will most likely be crucial for prevailing in this type of court case in West Virginia.