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Updated: 4:26 PM Oct 29, 2007
Justice Refuse Appeal in $1.7m Medical Malpractice Case
An Elkins doctor is still facing a 1.7 million dollar medical malpractice judgment after the state Supreme Court unanimously declined to hear his appeal.
Posted: 11:16 AM Oct 29, 2007Reporter: The Associated Press Email Address: News@wsaz.com |
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CHARLESTON, W.Va. (AP) - An Elkins doctor is still facing a 1.7 million dollar medical malpractice judgment after the state Supreme Court unanimously declined to hear his appeal.
Dr. Kenneth D'Amato was sued after a 2002 surgery for back pain left Melvin Heckel legally blind.
A Randolph County jury found D'Amato negligent and awarded damages to Heckel and his wife last year.
Lawyers for D'Amato appealed, alleging errors during the trial and in calculating the final judgment. The Supreme Court turned down the petition last week.
D'Amato's defense had also alleged Heckel was faking, and presented 50 hours of surveillance video at an area construction site.
But Randolph County Circuit Judge John Henning ruled that video showed Heckel was disabled, even after the defense omitted footage showing him struggling at such tasks as walking down steps.
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