Morgantown Woman Sues over Unhealed Surgical Wound

Posted on Jun 20, 2012

June 20, 2012 – Monongalia County, West Virginia -A woman has filed a lawsuit against a surgeon and the West Virginia University Board of Governors because the surgeon did not properly close her wound after surgery or appropriately follow up.

The (West Virginia) Record reports that the original surgery took place February 27, 2009, at Ruby Memorial Hospital. Donna M. Neal underwent a nephrectomy (kidney removal), which Dr. Henry Fooks, Jr. performed. According to Neal’s claim, the defendants failed to properly close her wound and are therefore negligent.

It was not until March 12, 2010, when Neal was seen by another surgeon for a separate surgery intended to repair a hernia that it was discovered the unhealed oblique musculature from the previous surgery was causing Neal’s persistent abdominal pain.

Neal claims to have suffered continued abdominal pain due to the non-healing of the surgical wound. She also notes the defendant’s failure to diagnose her pain as being related to the surgery. The claim refers to this as continued negligent treatment.

Neal says that she has accumulated more than $71,000 in medical expenses due to this unhealed wound. The negligence of Fooks and the hospital staff has forced Neal to live with constant, pain and in mental anguish. Through her lawsuit, Neal hopes to gain compensatory damages with pre- and post-judgment interest.

There is no reason why anyone should have to live in pain as Neal has done, particularly if that pain has been caused by someone whose job it is to relieve pain. Negligence in the hospital is a dangerous thing; it can cost someone their life or their quality of life.

If you or a loved one is suffering due to the effects of some medical negligence, contact an expert medical malpractice attorney at The Miley Legal Group. Call us at 304-326-1800 or 1-888-436-0859.