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Virginia Navy Veteran Files Suit Against the Federal Government for Medical Malpractice

Mickey Murray, a Navy veteran and former Norfolk, Virginia sheriff’s deputy, filed a lawsuit against the federal government claiming medical malpractice regarding a surgery performed on his right foot. Mr. Murray is asking for $2.15 million for his injuries. Last summer, Mr. Murray went to the Hampton VA Medical Center seeking treatment for his broken foot. Dr. Harris, a podiatrist, recommended and performed surgery on his third metatarsal. However, Mr. Murray’s third metatarsal was not the broken bone.

On August 8, 2014, Dr. Harris performed an open reduction internal fixation on Mr. Murray’s third metatarsal, placing a plate and three screws on the bone. Mr. Murray stayed off his foot for the next month; however, in September he heard a pop in his right foot and subsequently started to feel pain. Mr. Murray went to a Naval Medical center on September 7th. An x-ray of his foot revealed that the hardware was installed on the wrong bone. Mr. Murray sought a second opinion from a private doctor. The private doctor determined that Mr. Murray’s fourth and fifth metatarsals were broken and needed treatment. Additionally, Mr. Murray had developed a post-operative infection.

On October 27th, Mr. Murray underwent a second surgery with his private doctor. As a result of the first, incorrect surgery, Mr. Murray suffers from pain, nerve damage, and is unable to walk normally with his right foot. Due to these injuries, Mr. Murray took large amount of time off from his work. Consequently, he was forced to resign from his position with the Sherriff’s office.

Surgery or any other invasive procedure performed on the wrong site is a preventable form of surgical malpractice. In 2011, according to the Joint Commission Center for Transforming Healthcare, a wrong site surgery occurred roughly 40 times a week in the United States. Moreover, there is no single cause of this form of malpractice; it could occur due to any number of reasons. Some of the most common causes of wrong site surgery are miscommunication between schedulers and surgeons, incorrect marking of the surgery site pre-operation, and failure to follow all operating room procedures. No matter what the cause, wrong site surgery can produce devastating results for those who are injured.

The effects of medical malpractice can be profound. Individuals can suffer from an array of injuries or die as a result of medical error. If you or someone you know is a victim of medical malpractice, it is important to understand your right to recover. Contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-396-3964 or toll free at 800-594-4884 for a confidential consultation.


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