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  • The Miley Legal Group
  • 229 West Main Street
    Clarksburg, WV 26301
  • Phone: 304.931.4088
  • Fax: (304) 326-1801
  • Toll Free: 888.436.0859
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Failure to Diagnose Yields Brain Damage, Couple Sues

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group
Posted on Jul 21, 2012

A Charleston couple is suing a doctor after a late diagnosis resulted in brain damage and hearing loss. Lori and Daniel Rainey hope to gain compensation for the emotional and physical suffering endured by Mr. Rainey because of this failed diagnosis. 

According to an article by The West Virginia Record, Daniel Rainey originally went to Dr. Charles D. Crigger in January 2008, complaining of hearing loss in one ear. After several audiogram tests, Dr. Crigger found evidence of nerve loss hearing in Rainey’s left ear. However, Crigger made no effort to further investigate the asymmetrical hearing loss. 

Just over two years later, Rainey suffered an acute hearing event, after which he lost all use of his left ear. After undergoing an MRI, Rainey was diagnosed with a large acoustic neuroma, a slow-growing tumor that affects the nerve connecting the ear and the brain. 

Rainey had to undergo surgery to remove the acoustic neuroma, but the combination of the type of surgery necessary and the size of the tumor left Rainey with unavoidable and permanent health problems. He now has a visible facial drop, cognitive defects and complete deafness in his left ear. 

According to the Raineys’ claim, this trauma could have been avoided if Dr. Crigger had appropriately investigated and diagnosed the problem in 2008. 

Whether it is a surgical error or an inappropriate diagnosis, medical negligence can result in years of pain and suffering for the patient and can result in more than adequate compensation from the doctors and hospital at fault. 

If you or a loved one is a victim of medical practice, contact the Miley Legal Group today for a free consultation with one of our Clarksburg medical malpractice lawyers. Call us today at: 1-888-436-0859. 

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