West Virginia Record

Monday, February 24, 2020

Couple blames hospital for leg amputation

By Melody Dareing | Jun 24, 2014


WHEELING -- A couple is suing a doctor and a hospital after a fall leads to an amputation.

Mary S. and Richard Albanese filed a lawsuit June 9 in Ohio Circuit Court against Michael M. Zilles M.D. and Wheeling Hospital, citing negligence.

The lawsuit states Mary Albanese was taken to Wheeling Hospital on June 27, 2012, after she fell down some stairs. She had surgery and other ongoing treatment with an infection being confirmed on July 23, 2012, according to the complaint.

The fracture and wound never healed, and Mary underwent an amputation of her left leg below her knee Jan. 2, 2014, the lawsuit states. She continues to suffer from injuries related to the amputation and economic loss.

The suit states the doctor and hospital failed to perform a CT prior to the surgery, did a specialized surgery even though the patient wasn’t a candidate for the operation, failed to perform the proper surgical operation, failed to diagnose the true nature of the patient’s fracture, misdiagnosed the patient’s injuries, failed to consider the fracture in diagnosis, delayed care to treat the fracture, performed surgery without obtaining more information on the fracture, performed a surgery that increased her risk for infection, increased her harm and risk for amputation and caused her amputation.

The couple is suing for the amputation, loss of ability, emotional trauma, permanent impairment and disfigurement, past and future medical expenses, lifelong expenses, past and future wages, lost earnings and lost earning capacity.

The couple is seeking any damages deemed proper and just.

They are represented by Leif Ocheltree of Goldberg, Persky & White of Weirton. The case has been assigned to Circuit Judge David J. Sims.

Ohio Circuit Court Case No. 14-C-164

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