CHARLESTON -- A Kanawha County man is suing over claims doctors failed to correct an injury which led to the loss of a significant amount of brain tissue.

Nicholas K. Richard filed a lawsuit March 31 in Kanawha Circuit Court against David P. Wise D.D.S. and Frederick H. Armbrust M.D., citing negligence.

According to the complaint, Richard sustained injuries in an accident while riding a four-wheeler on March 29, 2012, causing him to be taken to the Charleston Area Medical Center where doctors Wise and Armbrust were consulted. Richard says a CT scan was performed as well as surgery, and he was released on April 5, 2012.

The lawsuit states after several complications, an ear examination revealed brain tissue herniated through a fracture in his cribiform plate, which should have been noted and fixed in his first CT scan and surgery.

Due to the negligence of the doctors, Richard says he suffered permanent and significant loss of brain tissue, which has caused a debilitating loss of some daily activities and his ability to earn a living.

Richard is seeking damages in excess of the jurisdictional limits.

He is being represented in the case by attorneys Robert V. Berthold Jr. and Matthew C. Berthold. The case has been assigned to Circuit Judge Carrie L. Webster.

Kanawha Circuit Court Case No. 14-C-637

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