Preston County man sues hospital for medical negligence

By Alexander Card | Jul 16, 2015

KINGWOOD -- A Masontown man is suing an area hospital over claims that the hospital negligently discharged him when he exhibited clear signs of a blood clot, resulting in permanent damage to his leg.

Philip Duquette of Masontown filed a suit June 17 against Preston Memorial Hospital and Denise Smyth, the physician responsible for his examination, citing medical negligence resulting in personal injury.

According to his complaint, Duquette was taken by ambulance to the emergency department at Preston Memorial Hospital on Jan. 21, 2014, after experiencing severe pain and swelling in his right leg. There, Smyth determined that Duquette required a Doppler study of his leg, but would have to wait three days to perform the test. Smyth allegedly instructed Duquette's girlfriend on how to administer a blood thinner to Duquette, and sent him home.

The next day, Duquette continued to experience pain, and "begged his girlfriend to transport him... to Ruby Memorial Hospital so that he could by-pass the poor care he had received" at Preston Memorial, the suit states. Upon his arrival at Ruby Memorial, doctors identified a blood clot as the source of Duquette's symptoms, and were forced to conduct immediate surgery.

Duquette claims to have lost function in his leg and continues to experience pain. He also requires assistance when moving around the house.

Duquette is seeking damages for medical expenses and injury relief, as well as punitive damages. He is being legally represented by the Law Offices of David A. Sims PLLC, in Vienna. Preston Circuit Judge Lawrance Miller has been assigned to the case.

Preston Circuit Court civil action number 15-c-89.

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