CHARLESTON — A virtual hearing is scheduled in a case against Herbert J. Thomas Memorial Hospital Association and Thomas Health Systems.
The hearing is scheduled for Jan. 14 with Circuit Judge Tera Salango.
"Please take notice that a telephonic/video scheduling conference will be held ... on January 14, 2022, at 11:00 a.m.," the notice states. "Prior to the conference, Judge Salango's office will issue a Microsoft Teams invite to attending counsel. You are invited to attend and protect your interest if you so desire."
Alan W. Kingery filed the lawsuit alleging while he was an inpatient at Thomas Memorial Hospital undergoing rehabilitation for a surgically repaired shoulder injury on July 19, 2020, he suffered permanent injuries.
Kingery was a fall risk and despite that, the defendants failed to properly assess, diagnose and treat him.
The defendant held itself out as being skilled in the performance of rehabilitative and medical support services and held itself out as being properly staffed and supervised, however, the plaintiff was caused to endure extreme and unnecessary pain, degradation, anguish and emotional trauma.
The plaintiff alleged that he was under the care and supervision of the defendants when he sustained injuries and the defendants are liable for the acts and omissions of all persons and entities under its control.
The defendants' employees owed a duty to patients and failed to meet the standard of care and/or violated its duty of care to the plaintiff through mistreatment, abuse and neglect, according to the suit.
The defendants' staff was to provide the plaintiff with care and treatment and the defendants are liable for their employees' actions, according to the suit.
Kingery is seeking compensatory and punitive damages with pre- and post-judgment interest. He is represented by Scott S. Segal and C. Edward Amos II of The Segal Law Firm in Charleston.
Kanawha Circuit Court case number: 21-C-598
