WHEELING — A surviving relative is suing medical practitioners, citing alleged negligence.
Deborah Fitzgerald, in her individual capacity and as administrator of the Estate of Margaret A. Fitzgerald, filed a complaint in Ohio Circuit Court against Wheeling Hospital, Inc. d/b/a The Bishop Joseph H. Hodges Continuous Care Center and Cynthia Mueller, M.D. for alleged violation of the West Virginia Medical Professional Liability Act.
According to the complaint, on June 26, 2017, Margaret A. Fitzgerald underwent a right total knee replacement when she allegedly developed a Stage I decubitus ulcer of the coccyx that advanced.
The plaintiff alleges the patient was not properly treated, causing her condition to drastically deteriorate, which led to her to Stage IV decubitus ulcer that went unhealed and ultimately became septic, causing her death on Sept. 28, 2017.
The plaintiff holds Wheeling Hospital, Inc. d/b/a The Bishop Joseph H. Hodges Continuous Care Center and Cynthia Mueller, M.D. responsible because they allegedly failed to properly care for and treat the patient's decubitus ulcers, and failed to properly evaluate, monitor and treat changes in her condition.
The plaintiff requests a trial by jury and seeks judgement for damages, expenses, costs of litigation, pre- and post-judgment interest and all other relief to which plaintiff is entitled. She is represented by Kathy A. Brown and Timothy D. Houston of Brown Houston PLLC in Charleston.
Ohio Circuit Court Case number 18-C-264