February 27, 2001
CLAIMS ALLEGE HOST OF DOCTOR ERRORS
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The thousands of malpractice cases reported to the state Board

 

of Medicine since 1993 allege a host of medical errors and negligence by

 

doctors.

 

 

Many blame doctors for a death. Others fault physicians for brain

 

damage suffered by an infant at birth. Some cases allege the wrong organ

 

was removed, or the wrong limb amputated.

 

 

Two-thirds of the malpractice cases reported to the board ended

 

with settlements or jury verdicts in the plaintiff's favor. The following

 

are some examples:

 

 

- Dr. Harry G. Kennedy Jr. agreed to pay $4.35 million to settle a 1994

 

Harrison County case that left a 20-year-old woman permanently disabled

 

with brain damage.

 

 

The woman had gone to a Clarksburg hospital's emergency room in 1993

 

complaining of severe headaches. Kennedy, a radiologist, misread a scan of

 

her brain as normal, the claim alleged.

 

 

The woman returned to the ER the following week, as the headaches had

 

grown worse. Only then did doctors discover that she had a blood clot in

 

her brain. By then, her brain had begun to swell, causing permanent brain

 

damage.

 

 

Dr. Shivshankar Uchila Navada, a Clarksburg neurosurgeon, saw the woman

 

after CT scans revealed the blood clot. But Navada operated on the woman's

 

  • pine, not her brain, the 1994 lawsuit against him and Kennedy alleged.
  •  

     

    The woman was flown to Charleston, where another neurosurgeon saved her

     

    life. But brain swelling caused a temporary coma and a stroke-like

     

    condition. She lost the ability to both walk and speak.

     

     

    Navada settled out of the case for $1.65 million. The settlements by

     

    Kennedy and Navada paid for crucial rehabilitation care for the woman that

     

    partly restored her speech and ability to walk, one court filing said. But

     

    both skills remain impaired, and she is considered disabled for life.

     

     

    - Dr. Dwarka N. Vemuri paid $4 million to settle claims by three

     

    different women, including a 69-year-old nun, who accused the Wheeling

     

    cardiologist of fraud. Vemuri performed unnecessary angioplasties, surgery

     

    to open blocked blood vessels, on all three, their claims alleged.

     

    One alleged a torn artery from the process required emergency surgery to

     

    repair.

     

     

    - Dr. Stuart Henry Fox has paid $2.7 million to settle eight

     

    claims filed against him. The Huntington obstetrician was ordered

     

    to pay $177,578 by a 1999 jury in a ninth claim, while another jury

     

    cleared him in a 10th.

     

     

    At least three of these cases blamed Fox for a death, while a fourth

     

    faulted him for a botched abortion-related procedure.

     

     

    Fox's medical license was placed on probation in 1994 after the widower

     

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    Doctors inWest Virginia say a "medical malpractice crisis" threatens the state's doctors. Rising insurance rates are driving them to retire early, limit their practices and even leave the state, they contend. Doctors insurers blame the "frequency and severity" of mostly "meritless" lawsuits filed against doctors in the Mountain State. Lawyers say patients deserve compensation when negligent doctors harm them. Who really pays the high price of medical malpractice? This three-day investigative series digs beneath the rhetoric to examine the malpractice climate in West Virginia. Are doctors fleeing the state? Why have insurance rates increased? Are lawsuits to blame? Get some answers from this series.
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