A recent jury verdict out of Maryland is drawing attention from patients and attorneys across the region, including here in West Virginia. According to reports, a 76-year-old man received nearly $1 million after alleging that a surgeon perforated his stomach during a hernia operation and then failed to identify and repair the injury. While the case itself was decided in a Talbot County, Maryland courtroom, the underlying issues — surgical mistakes, missed complications, and the long recovery that follows — are ones we see in hospitals and surgical centers throughout West Virginia and the surrounding states.
At New Law Office in Beckley, we regularly speak with families who suspect that something went wrong during a procedure but aren’t sure whether they have a case. This article walks through how a surgical malpractice claim is typically evaluated, what compensation may be available, and what steps you should consider if you or a loved one has been harmed.
What Happened
According to court documents summarized in news reports, the patient was taken by ambulance to a Maryland hospital in December 2022 with severe abdominal pain. Imaging reportedly revealed a large hernia, and a general surgeon recommended urgent robotic repair. After the surgery, the patient’s condition allegedly worsened rapidly, and within days he was transferred to a larger academic medical center for a second operation. Surgeons there reportedly discovered that his stomach had been punctured — allegedly during the first procedure — and that the injury had not been identified or addressed at the time.
The patient spent weeks hospitalized, followed by inpatient rehabilitation, and alleged lasting health consequences. In April 2026, a jury returned a verdict of $970,900, which according to the plaintiff’s attorneys may be among the largest medical malpractice verdicts in that county’s history. The hospital system publicly disagreed with the outcome and stated it believes its clinicians met the standard of care.
Nothing in this article is intended to re-litigate that case. Instead, we use it as a teaching example for West Virginia readers who may be wondering whether a similar experience could give rise to a claim here.
Who May Be Liable
In surgical malpractice cases, more than one party may be potentially responsible. Depending on the facts, the following defendants could be liable:
- The operating surgeon, if their technique or decision-making allegedly fell below the accepted standard of care.
- Assisting physicians, residents, or surgical staff, if their role in the procedure contributed to the harm.
- The hospital or health system, either through vicarious liability for employed clinicians or through its own alleged negligence in credentialing, supervision, staffing, or post-operative monitoring.
- Anesthesia providers or radiologists, where misreads or monitoring failures may have played a role.
- Device or equipment manufacturers, in rare cases where a defective surgical tool or robotic system may be implicated.
In West Virginia, whether the hospital itself is on the hook often depends on whether the surgeon was an employee or an independent contractor, and on what the hospital knew or should have known about the provider’s history.
Legal Theories That May Apply
A case like the one described could involve several overlapping legal theories:
- Medical negligence (malpractice): The core claim — that a healthcare provider failed to exercise the level of skill and care that a reasonably competent provider would have used under similar circumstances.
- Failure to diagnose or recognize a complication: A distinct theory focused on what happened after the initial injury — specifically, the alleged failure to inspect, identify, and repair damage during or soon after surgery.
- Lack of informed consent: If a patient was not adequately warned about known risks, or if a different procedure was performed than was agreed to.
- Corporate or institutional negligence: Claims that the hospital itself was negligent in how it hired, credentialed, supervised, or staffed around the provider.
- Vicarious liability / respondeat superior: Holding an employer responsible for the acts of its employees performed within the scope of employment.
- Wrongful death: If a patient does not survive, surviving family members may have a separate claim under West Virginia’s wrongful death statute.
Damages Victims May Recover
When a surgical error causes serious harm, West Virginia law generally allows injured patients to seek several categories of damages:
- Past medical expenses — hospital bills, corrective surgeries, rehabilitation, medications, and related costs already incurred.
- Future medical expenses — ongoing treatment, monitoring, home care, and anticipated future procedures.
- Lost wages and lost earning capacity — including time away from work and any long-term reduction in the ability to earn a living.
- Pain and suffering — the physical pain, emotional distress, and diminished quality of life associated with the injury.
- Loss of consortium — available to a spouse in appropriate cases.
- Punitive damages — in rare cases involving conduct that may be deemed willful, wanton, or reckless.
West Virginia has a statutory cap on non-economic damages in medical professional liability cases under the Medical Professional Liability Act (MPLA). The cap is adjusted over time and is higher for cases involving wrongful death or catastrophic injuries such as permanent physical or mental impairment. Economic damages — like medical bills and lost wages — are generally not subject to that cap. Because the specific numbers change, we encourage you to speak with an attorney about how the cap may apply to your situation.
Evidence That Strengthens a Case
Surgical malpractice claims rise and fall on documentation. The stronger the record, the stronger the case. Evidence that tends to matter most includes:
- Complete medical records from before, during, and after the procedure, including operative reports and anesthesia notes.
- Imaging studies (CT, MRI, X-ray, ultrasound) both pre- and post-surgery.
- Nursing notes and post-operative observation logs, which often capture early warning signs.
- Records from any subsequent or corrective surgery, which may directly document the alleged injury.
- Expert opinions from qualified physicians in the same specialty — required under West Virginia law in the form of a screening certificate of merit before filing most malpractice suits.
- Internal hospital documents such as incident reports, credentialing files, and policies (obtained during discovery).
- Witness statements from family members who observed the patient’s decline.
- Billing records showing the cost of ongoing care.
What to Do Next
If you suspect that a surgical error or other medical negligence has caused serious harm to you or a family member, some practical steps can protect your rights:
- Get a second opinion and continue to follow medical advice for your recovery. Your health comes first.
- Request complete copies of your medical records from every provider involved. You have a right to them.
- Write down what you remember — timeline, conversations with providers, symptoms, and dates — while the details are fresh.
- Preserve physical evidence such as discharge paperwork, prescription bottles, photographs of incisions or injuries, and any correspondence.
- Be cautious about statements to insurers or hospital risk managers. You are not required to give a recorded statement, and doing so without counsel can limit your options later.
- Mind the deadlines. West Virginia generally imposes a two-year statute of limitations for medical malpractice, with certain exceptions. Missing that deadline can end a case before it starts.
- Talk to a lawyer early. Screening a case takes time, and the MPLA’s pre-suit requirements mean meaningful work has to happen before a complaint is ever filed.
If you or a loved one has been harmed by negligence or wrongdoing in West Virginia, contact New Law Office for a free, confidential consultation. We work on contingency – you pay nothing unless we win your case. You can also reach us online at https://newlawoffice.com.
Frequently Asked Questions
Can I sue a hospital in West Virginia if my surgeon made a mistake?
Possibly. Whether the hospital itself can be held responsible often depends on whether the surgeon was an employee or an independent contractor and on whether the hospital allegedly failed in its own duties, such as credentialing or supervision. An attorney can review the records to determine which parties may be liable.
How long do I have to file a medical malpractice case in West Virginia?
West Virginia generally requires medical malpractice lawsuits to be filed within two years of the date of injury or the date it reasonably should have been discovered, with some exceptions. There is also an outer limit known as a statute of repose. Because these deadlines are strict, it is important to speak with a lawyer as soon as possible.
What if the hospital says its doctors followed the standard of care?
Hospitals and insurers routinely defend care as appropriate, even in cases where a jury later disagrees. Whether the standard of care was actually met is a question that typically requires review by a qualified medical expert. A denial from the hospital does not mean your case lacks merit.
Do I need an expert witness to bring a malpractice claim?
Yes. West Virginia law generally requires a screening certificate of merit signed by a qualified healthcare provider before a malpractice lawsuit can move forward. Your attorney will normally coordinate that expert review as part of building the case.
Are there caps on damages in West Virginia medical malpractice cases?
Yes. Non-economic damages such as pain and suffering are capped under the Medical Professional Liability Act, with higher limits for catastrophic injuries and wrongful death. Economic damages like medical bills and lost wages are generally not capped. A lawyer can explain how the current figures may apply to your situation.
What if my loved one died after a surgical complication?
Surviving family members may have a wrongful death claim under West Virginia law. These claims can include damages for loss of companionship, financial support, and certain medical and funeral expenses. Wrongful death cases have their own deadlines and procedural rules, so early legal advice is important.
Should I talk to the hospital’s risk manager or insurance company?
Generally, it is wise to be cautious. Statements made to risk managers or insurers can be used later to minimize your claim. You are usually not required to give a recorded statement, and it is reasonable to decline until you have spoken with an attorney.
How much does it cost to hire New Law Office for a malpractice case?
New Law Office handles personal injury and medical malpractice matters on a contingency basis. That means there is no upfront fee — we only get paid if we recover compensation for you. Initial consultations are free and confidential.
Original reporting: wboc.com.
