WHEELING – A man is suing Wheeling Hospital Inc. after he claims a surgeon deviated from the standard of care and was negligent.

In July 2013, Dr. Michael Zilles had a physician-patient relationship with Corey Howard respecting fractures sustained to his left upper extremity, according to a complaint filed March 13 in Ohio Circuit Court.

Howard claims on July 24, 2013, he sustained fractures to his left upper extremity and was admitted to Wheeling Hospital.

On July 26, 2013, Zilles conducted surgery on Howard for the purpose of reducing and internally fixing the existing fracture fragments in his arm, according to the suit.

Howard claims the surgery failed to properly reduce and internally fix the existing fracture fragments and that a Sept. 13, 2013, CT scan showed tiny avulsion fractures.

On Sept. 19, 2013, Howard saw Zilles in his office and despite what Zilles knew or should have known concerning the failure of the surgery, Zilles informed Howard that there was no misalignment of the bone fragments, that the alignment was acceptable and that the post-operative condition of the affected limp permitted the continuance of occupational therapy.

Howard claims at no time did Zilles reveal that the surgery had failed to properly reduce and internally fix the existing fracture fragments and at no time during the post-surgical physician-patient relationship did Zilles reveal that one or more additional surgeries were reasonable and necessary to treat the affected limb.

As a result of the defendants' misconduct, Howard sustained bodily injuries, some or all of which are permanent, according to the suit.

Howard claims he sustained pain and suffering; emotional distress and mental anguish; loss of ability to enjoy life and function as a while person; health care; lost wages and damages; and non-economic and economic damages.

Howard is seeking compensatory and punitive damages. He is being represented by Anthony I. Werner of John & Werner Law Offices; and Jay T. McCamic of McCamic, Sacco & McCoid PLLC.

Ohio Circuit Court case number: 15-C-74

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