BECKLEY – A McDowell County man is suing over claims a doctor refused to remove shards of glass from his arm when he was at the hospital.

Kevin Lamont Ware amended a lawsuit Sept. 5 in Raleigh Circuit Court against Raleigh General Hospital and Michael Anthony Kelly, citing vicarious liability.

According to the complaint, when Ware was transferred from Welch Community Hospital to Raleigh General, Kelly refused to remove the shards of glass from Ware's arm because it would "take all day," and instead merely sutured the arm.

Ware says he was then discharged despite Welch Community Hospital's X-rays and transfer record that advised Ware faced a risk of further injury and even death due to the shards in his arm. Ware also says Kelly made what was presumably a joke about Ware not having transportation home, saying that if he started walking, he'd be there in three days.

Kelly is accused of tort of outrage, and the hospital is accused of vicarious liability.

Ware is represented by attorney James J. Palmer III of Bluefield.

Raleigh Circuit Court case number 14-C-817

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