CHARLESTON — A patient is suing Herbert J. Thomas Memorial Hospital Association, doing business as Thomas Memorial Hospital, David Stewart Mullett MD and Dibbendu Mahanayak MD, alleging negligence.
Hilda George filed a complaint in Kanawha Circuit Court against the defendants alleging that they failed to provide services that met professional standards of quality.
According to the complaint, the plaintiff alleges that on Feb. 1 she was admitted to the hospital in South Charleston with flu-like symptoms. She fell in the hospital's bathroom on Feb. 4 and suffered an intertrochanteric hip fracture, which subsequently required surgery.
She alleges the defendants did nothing to prevent a fall despite the fact that she uses a walker to get around.
The plaintiff holds the defendants responsible because they allegedly acted carelessly with reckless disregard of the risk of harm brought to the plaintiff and failed to prevent the fall by not having available staff to assist her.
The plaintiff requests a trial by jury; and seeks a judgment against the defendants for compensatory and punitive damages, costs, allowable fees, and further relief as she may be entitled to receive. She is represented by Richard D. Lindsay MD JD and Richard D. Lindsay II of Tabor Lindsay & Associates in Charleston.
Kanawha Circuit Court case number 18-c-820