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WEST VIRGINIA RECORD

Thursday, April 25, 2024

Man claims medical providers were negligent

Lawsuits
Medical malpractice 03

GRAFTON — A West Virginia resident is suing medical providers, citing alleged malpractice.

Russell McDaniel filed a complaint in Taylor County Circuit Court against Dr. Joseph Duvert and Grafton City Hospital Inc., alleging that they failed to provide services that meet professional standards of quality.

According to the complaint, McDaniel alleges that on Nov. 17, 2016, he presented himself to the defendants' emergency department complaining of back and left thigh pain and a weak pulse in his left leg, but he was dismissed without conducting any diagnostic studies or consideration of his medical history of diabetes, peripheral vascular disease (PVD) or his previous left lower extremity arterial graft placement with a previous episode of clotting responsive to TPA. Consequently, the ischemia in his left leg had advanced to Class 3 and required above-the-knee amputation, because of the delay in the defendants' diagnosis and treatment. As a result, plaintiff sustained injuries, including medical bills, pain, suffering, mental anguish, loss of ability to enjoy life, scarring, disfigurement, and embarrassment. 

McDaniel holds Duvert and Grafton City Hospital Inc. responsible because they allegedly failed to appropriately diagnose him to include acute arterial occlusion, failed to timely refer him to a vascular surgeon and failed to transfer plaintiff to an acute care facility capable of an emergent vascular surgery.

The plaintiff requests a trial by jury and seeks judgment against defendant to fairly compensate plaintiff for injuries and losses sustained, plus interest, attorney's fees and costs of action. He is represented by Wesley W. Metheney of Wilson, Frame & Metheney PLLC in Morgantown.

Taylor County Circuit Court Case number 18-C-49

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