Woman sues New Century, doctor claiming she suffered unnecessary injury due to poor care

By Kari Valence | Oct 23, 2015

CHARLESTON – A Kanawha County woman is suing her doctor and the emergency center claiming her health quickly deteriorated after receiving poor medical care.

Holly Welch filed a lawsuit Sept. 10 in Kanawha County Circuit Court against Dr. Barry Mitchell and New Century Emergency Physicians of West Virginia Inc., citing negligence and vicarious liability.

Welch claims on July 12, 2014, she was treated for a back injury she received after falling by Mitchell and alleges that despite confirming several injuries and an abnormal lab result, she was discharged from care the next day. Welch alleges that two days later she was rushed back to the hospital by ambulance and admitted to the intensive care unit due to renal failure, which Welch alleges Mitchell failed to properly diagnose and treat on July 12. She required a hospital stay of more than two months, the complaint states.

Welch is suing Mitchell and New Century for compensation for all injuries as deemed fit by jury, medical expenses, pain and suffering, costs of litigation, pre- and post-judgment interest, and other relief entitled to her by West Virginia law. Welch is being represented by Kathy A. Brown of Kathy A. Brown Law and Timothy D. Houston of Houston Law, both in Charleston. The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number 15-C-1705

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