X-ray accident results in lawsuit

By Kyla Asbury | May 4, 2015

WHEELING – A man is suing Wheeling Hospital after he claims he sustained injuries when he fell during an x-ray and was injured.

Dr. Geoffrey L. Ruben and five unknown and unnamed individuals were also named as defendants in the suit.

On April 8, 2013, Brandon A. Frey was playing basketball at his high school gymnasium and struck his head on a wall and then struck his head on the gymnasium floor, according to a complaint filed April 2 in Ohio Circuit Court.

Frey claims two days later, he presented to Wheeling Hospital for an office visit with Ruben, his pediatrician, with continued complaints of a severe headache, pain with chewing, nausea, sensitivity to light, dizziness and decreased appetite.

Ruben concluded that Frey was suffering from fatigue, photophobia, nausea with exertion and headaches and diagnosed him with a concussion and a cervical spine strain, according to the suit.

Frey claims Ruben ordered him to undergo a cervical spine x-ray and directly admitted him to Wheeling Hospital for further observation and testing.

After being admitted to the pediatric floor, he was transported via wheelchair to the x-ray department by an unknown pediatric nurse, and, after arriving at the x-ray department, he was required to undergo a cervical x-ray in a standing position unattended and without any support or assistance from the defendants to prevent and/or protect him from falling, according to the suit.

Frey claims as a result of the defendants leaving him unattended, he fell and struck his jaw and face on the floor of the x-ray room at the hospital.

Following the fall, he was taken to the emergency department, where he was diagnosed with a fractured jaw, a severely lacerated chin and tongue, several cracked teeth and a severe concussion, according to the suit.

Frey claims the defendants were negligent in caring for him and breached their duties and/or violated the standards of care and treatment.

Frey is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Brent E. Wear and Robert P. Fitzsimmons of Fitzsimmons Law Firm PLLC.

Ohio Circuit Court case number: 15-C-105

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