Featured News 2014 West VA Hospital Sued Over Botched Surgery Claims

West VA Hospital Sued Over Botched Surgery Claims

A West Virginia hospital has been sued by the family of a man that died from what they are calling a series of botched surgeries. The Department of Veterans Affairs Hospital in Huntington, West Virginia is said to have hired a surgeon that was deemed incompetent by the state of Iowa. According to records, the doctor paid $5,000 in fines to settle allegations that six deaths and three injuries were caused by his mistakes in Iowa between 2005 and 2006. The doctor used to practice at Mercy Medical Center in Des Moines and continues to practice at the VA Hospital in West Virginia.

Family Seeks Restitution for Father's Death

The family is suing for $1.8 million and seeks to hold someone accountable for the man's death, whether that be the hospital or the surgeon. The VA Hospital has countered with a $37, 934 settlement.

The man's family claims that three abdominal surgeries were done incorrectly, and a correctable perforated colon went unrepaired. Their lawsuit alleges:

  • Severe stomach pain was misdiagnosed as a hernia
  • A diagnosis of a perforated bowel and an internal infection was missed until the man returned
  • Leaks to the intestines were sustained during surgery
  • Severe infections and a hernia were caused by these intestinal leaks
  • A nurse at the hospital admitted the surgeries were botched

In order for a medical malpractice case to make it to trial, an outside expert must review the claims and determine that injuries were caused by the malpractice of the doctor in question. The doctor has stated that his results stem from handling patients that are sicker than most, but an Ohio expert professed that the man's injuries were caused by the doctor's incompetence.

Doctor's Trouble in Iowa

The Iowa Board of Medicine had filed claims of incompetence against the doctor in 2010. The doctor paid the settlement and denied wrongdoing in the case of nine patients the Board claimed were mishandled. The doctor became recertified in West Virginia after being overseen by another surgeon for a year following these allegations. His admittance and remediation was deemed acceptable by the Iowa board.

The VA Hospital is standing behind the doctor. Records show the hospital knew of the doctor's troubles in Iowa, and decided the cases against the doctor had no merit. The VA Hospital claims that since the doctor's rehabilitation and recertification that he has performed in West Virginia with no concerns.

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