CHARLESTON – An Ohio woman is suing the state Department of Health and Human Resources after she says she was attacked by a male patient at a psychiatric hospital.
Laura Jeanne Miller refiled her complaint January 18 in Kanawha Circuit Court against the DHHR, which operates the William R. Sharpe Jr. Hospital in Weston. Her attorney Brian J. Headley originally filed a nearly identical complaint last year, but it was dismissed for failure to provide the requisite notice under the Medical Professionals’ Liability Act.
According to the complaint, Miller was admitted to the hospital on December 12, 2020. On the evening of December 17, 2020, she says she overheard a male patient shout at staff about the food he was being served. She says staff directed the man to his room.
While she was eating her dinner, Miller says the man entered the common area, approached her and struck her multiple times on the right side of her face with his closed fist.
“Laura Jeanne did not see the patient approach and had no time to react to his unexpected presence,” the complaint states. “When the assault happened, no Sharpe Hospital staff were present in the common area.
“In fact, Sharpe Hospital staff only became aware of the assault when Laura Jeanne cried out for help as she was repeatedly attacked.”
Miller says she sustained an obvious contusion to her right eye and a nosebleed. She was not taken to the Emergency Room for evaluation. Instead, she says Sharpe Hospital personnel evaluated her in her room and gave her Tylenol and ice packs.
For days after the incident, Miller says she suffered pain, swelling and bruising around her right eye. She says she also had sensitivity to light, headaches and discomfort in her right eye. She says her request for further imaging was denied. She was given prescription eye drops for a corneal abrasion.
Miller says she was fearful for her safety until she was discharged January 12, 2021.
Once released, Miller says she still had pain around her right eye and experienced dizziness and headaches. She was diagnosed with post-concussion syndrome. She also learned she had sustained an orbital fracture. She needed surgery to repair damage to her right eye and continues to be treated by an ophthalmologist.
She says she has experienced severe and traumatic injuries, extreme pain and suffering, additional medical expenses, distress and other damages.
Miller accuses the DHHR of negligence. She seeks compensatory damages, post-judgment interest, attorney fees, court costs and other relief.
She is being represented by Headley of Headley Ballard of Daniel Island, S.C. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 23-C-40
