Man sues physician over toe surgery problems

MORGANTOWN -- A man is suing a physician he claims was negligent in caring for him and informing him about the risks of a surgical procedure.

On July 15, 2010, Dr. Jerry I. Hadrych performed arthroplasty on Steven B. Drain’s fifth toe on his right foot with exostectomy of the distal phalanx, according to a complaint filed Oct. 24 in Monongalia Circuit Court.

Drain claims Hadrych violated the applicable standard of care by failing to discuss and document the surgical procedure he performed, as well as its complications and risks.

Hadrych further violated the applicable standard of care by failing to obtain a signed informed consent from Drain expressing the risk of proposed surgical procedure, anesthesia and recuperation, according to the suit.

Drain claims had he been informed and advised of the significant risks of the surgical procedure performed by Hadrych and the alternative methods of treatment and risks, he would not have consented to the surgical procedure.

As a result of Hadrych’s failing to disclose information to and inform Drain, he suffered a post-operative bone infection, according to the suit.

Drain claims the defendant breached his duty to him and deviated from the applicable and accepted standard of care, which caused him serious and permanent injury to his right foot.

The defendant’s alleged negligence caused Drain injuries, pain, harm, medical care, expenses, disability and damages, according to the suit.

Drain is seeking compensatory damages with pre- and post-judgment interest.

He is being represented by J. Michael Benninger and Daniel D. Taylor.

Monongalia Circuit Court case number: 12-C-741*