Delayed diagnosis leads to paralysis, suit claims

CHARLESTON -- A doctor’s delayed diagnosis has forced a man to become a paraplegic, according to a recently filed lawsuit.

Robert and Rosalee Wandling filed a lawsuit May 7 in Kanawha Circuit Court against Dr. Joby Joseph.

In their complaint, the Wandlings allege 73-year-old Robert Wandling was admitted to Charleston Area Medical Center on Feb. 5, 2013, for issues related to Crohn’s disease. He underwent various procedures, then was placed in the Intensive Care Unit, according to the complaint.

His medical condition was improving until Feb. 23, 2013, when he began to develop a weakness in his legs, the suit states. In turn, Joseph was notified, and he ordered an MRI, which was performed Feb. 27, 2013, the complaint says.

On Feb. 28, 2013, Robert Wandling still complained of his inability to move his right foot and underwent an additional MRI, which revealed a visual epidural hematoma, the Wandlings claim.

However, Robert Wandling had been a paraplegic about one week prior to the diagnosis, and he was not able to undergo surgery for the condition, the suit states.

Instead, he was placed on steroids, but remains a paraplegic, the complaint says.

In addition to his inability to walk, Robert Wandling claims he has also suffered physical pain and mental anguish and endured disfigurement and deformities because of Joseph’s alleged negligence. He also incurred medical costs, lost wages and suffered humiliation, according to the complaint.

The Wandlings blame Joseph for causing his injuries, saying the doctor negligently failed to timely diagnose the hematoma.

The Wandlings are seeking unspecified compensatory and punitive damages, plus pre- and post-judgment interest, fees and other relief the court deems just.

They are being represented by Matthew C. Lindsay and Richard D. Lindsay of Tabor, Lindsay and Assoicates in Charleston. The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number 14-C-857