West Virginia Record

Tuesday, October 15, 2019

Fayette couple blames Montgomery General, doctors for disfigurement, spoliation of evidence


By Kristine Gonzales-Abella | Aug 23, 2018

FAYETTEVILLE — A Fayette County couple is suing Montgomery General Hospital Inc., Mohammad Amjad M.D., and Janis S. Williams, D.O., citing alleged negligence and "spoliation of evidence."

The spoliation of evidence is the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding.

Sharon J. Duncan and Louis H. Duncan Jr. filed a complaint in Fayette Circuit Court against the defendants alleging they negligently deviated from the appropriate standards of medical care.

The plaintiffs allege that on April 28, 2016, plaintiff Sharon Duncan went to the hospital's emergency department twice for medical treatment. As a result of alleged negligence, she allegedly suffered disfigurement, extensive pain and suffering, medical bills, lost wages and aggravation. The couple claims the damages she suffered are permanent and will require a lifetime of treatment.

The plaintiffs holds Montgomery General Hospital Inc., Mohammad Amjad, M.D., and Janis S. Williams, D.O., responsible because the defendants allegedly intentionally concealed and/or withheld evidence.

The plaintiffs request a trial by jury and seek judgment against the defendants, jointly and severally, for all the damages. They are represented by Mark D. Moreland of Moreland & Moreland LC in Lewisburg, and Mark W. Kelley of Mark W. Kelley, Attorney at Law in Charleston.

Fayette Circuit Court Case number 18-C-130

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Fayette Circuit Court Mark D. Moreland LC

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