Marshall University Board of Governors was also named as a defendant in the suit.
Carter Jarrell became a paying patient of the defendants on Nov. 5, according to a complaint filed in Cabell Circuit Court.
Jarrell and his wife, Debbie Jarrell, claim the defendants’ actions were negligent, careless, willful, wanton, and in reckless disregard of risk of harm when they failed to advise him to seek immediate medical evaluation and care for his neurological signs and symptoms, which lead to permanent neurological signs and symptoms.
The plaintiff should have been told to immediately come to the hospital for evaluation and treatment to prevent his neurological condition from being permanent, according to the suit.
The Jarrells claim Carter Jarrell sustained bodily injuries; suffered physical pain and mental anguish; sustained disfigurement and deformities; incurred expenses; sustained humiliation and embarrassment; suffered a lessening or diminution of his earning capacity; and suffered impairment of his capacity to enjoy life.
The Jarrells are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Richard D. Lindsay and Dr. Richard D. Lindsay of Tabor Lindsay & Associates.
The case has been assigned to Circuit Judge F. Jane Hustead.
Cabell Circuit Court case number: 16-C-292