Med mal case filed against orthopedist

By John O'Brien | Dec 15, 2006

MORGANTOWN - A Preston County woman says her orthopedist cut a nerve in her wrist during a carpal tunnel syndrome release surgery and is suing him.

Betty DeWitt filed the suit Dec. 6 in Monongalia Circuit Court against Dr. Scott Silverstein. Silverstein works for University Health Associates in Morgantown.

The alleged incident took place Dec. 17, 2004. Instead of protecting the median nerve in her left wrist, DeWitt says Silverstein transected it, "thereby deviating from the standard of care and causing motory and sensory deficits in Plaintiff's left hand which are permanent and have caused substantial functional impairment."

In addition to deviation from the standard of care, DeWitt charges the doctor with negligence. Silverstein had been the doctor who made the diagnosis and recommended surgery, the complaint says.

She seeks compensatory damages for medical expenses, physical pain, mental anguish, loss of ability to engage in everyday recreational and occupational activities, motor and sensory deficits, loss of earnings and earning power and loss of ability to enjoy life.

"Defendant failed to identify, isolate and protect the median nerve in Plaintiff's left hand," the complaint says.

Morgantown attorney William Frame of Wilson, Frame, Benninger and Metheny is representing the plaintiff.

Judge Russell Clawges has been assigned the case.

Monongalia Circuit Court case number 06-C-793

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