Man says Logan General violated standard of care by letting physician go

By Kyla Asbury | Jan 28, 2015

CHARLESTON – A man is using Logan General Hospital after a physician who worked there either quit or was terminated from employment.

On March 18, Dr. Jamie L. Hall diagnosed Marvin Welch with a tear of the anterior talofibular ligament, a tear of the calcaneofibular ligament, a rupture of the peroneal tendon and a cyst in the left ankle, according to a complaint filed Jan. 23 in the U.S. District Court for the Southern District of West Virginia.

Welch claims in actuality, he suffered from none of these conditions except the cyst in his left ankle.

On Aug. 4, Hall performed surgery on Welch and allegedly performed a repair of the peroneal tendon, an excision of a cyst in the subtalar joint, a lateral ligament reconstruction and stabilization with an Arthrex internal brace, according to the suit.

Welch claims Hall could not have performed the repair of the peroneal tendon because no rupture actually existed; she could not have performed a lateral ligament reconstruction because no tears in the anterior talorfibular were calcaneofibular ligaments existed; and she could not have performed an excision of the cyst in the subtalar joint because the cyst was never removed, which was confirmed by both the post-surgical pathology and subsequent MRIs that continued to show the presence of the cyst.

After the operation on Aug. 4, Welch developed problems at the operative sites, including an infection, according to the suit. As a result, he sought out the services of Hall again to treat and correct the problems from which he was suffering.

Welch claims Hall had voluntarily terminated her employment or was terminated from the hospital without informing him.

Neither Hall, nor her employer, provided for the subsequent care that Welch needed, but instead abandoned him, in violation o the applicable standard of care, according to the suit.

Welch claims he was required to receive medical care and treatment from other facilities, and, as a result, suffered significant loss of use of his left ankle and other injuries.

Welch is seeking compensatory and punitive damages. He is being represented by Arden J. Curry of Pauley Curry PLLC; and Harry Hatfield of Hatfield & Hatfield PLLC.

U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-01022

More News

The Record Network