Preston County man alleges hospital guilty of medical negligence

By Alexander Card | Jul 16, 2015

KINGWOOD -- A Preston County man is suing an area hospital and physician, alleging the hospital negligently discharged him when he exhibited clear signs of a blood clot, resulting in permanent damage to his leg.

KINGWOOD -- A Preston County man is suing an area hospital and physician, alleging 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 in Preston Circuit Court against Preston Memorial Hospital and Denise Smyth, the physician responsible for his examination, alleging medical negligence resulting in personal injury.

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

The next day, the lawsuit states, Duquette continued to experience pain, and "begged his girlfriend to transport him to Ruby Memorial Hospital in Morgantown so he could bypass the poor care he had received" at Preston Memorial. 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.

The suit says Duquette lost function in his leg, continues to experience pain and requires assistance when moving around the house.

Duquette seeks damages for medical expenses and injury relief, as well as punitive damages. He is represented by the attorney David A. Sims of the Law Offices of David A. Sims 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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