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Shoulder damage blamed on West Virginia surgeon’s misdiagnosis

It is a West Virginia physician's obligation to provide the highest quality patient care possible. When treatments fail to meet this standard, doctors may be liable for medical professional negligence. Patient harm caused by misdiagnosis or careless treatment is compensable through medical malpractice claims.

A patient who underwent several surgeries under a Raleigh doctor's care recently filed a lawsuit against the physician. The complaint alleges an initial humeral nailing surgery and subsequent post-surgical treatments were performed improperly and negligently. The doctor's mistakes reportedly led to more than $200,000 in medical costs and caused permanent physical damage.

The woman said pain from nailing surgery in October 2011 persisted during physical therapy after the defendant claimed the patient's arm fracture was healed. The doctor's recommendation to intensify the therapy did not alleviate the pain. In January 2012, the surgeon diagnosed a tear in the left rotator cuff and performed a second surgery.

Three months later, the patient had a third surgery -- shoulder arthroscopic manipulation. The woman sought a second opinion in September 2012. An orthopedic surgeon discovered infection set in around the nail inserted during the first surgery -- the broken bone had failed to knit.

During one of the several corrective surgeries that followed, the surgical nail was removed. It took nearly a year after the second diagnosis before the infection cleared. The lawsuit claims irreparable damage to the patient's shoulder was due to the first doctor's preventable errors.

The patient's husband is also a plaintiff. Spouses may file claims for marital hardships caused by a loved one's injury. A loss of consortium refers to services one spouse can no longer provide for another, including the impact of an injury on sexual relations.

Liability attorneys are capable of assessing malpractice claims and uncovering evidence to support them. Lawyers are prepared to negotiate settlements or take claims to court to help injured patients obtain compensation.

Source: The West Virginia Record, "Woman says doctor misdiagnosed her, improperly performed surgery" Annie Cosby, Oct. 09, 2014

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