Supreme Court Denies Medical Malpractice Case Appeal

Chrissie Cole

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An Elkins doctor is currently facing a $1.7 million dollar medical malpractice judgment following the Supreme Courts unanimous denial to hear his appeal.

Dr. Kenneth D'Amato was sued following back surgery that left a patient legally blind in 2002.

A Randolph County jury found the Doctor negligent and awarded the patient and his wife damages, last year. Lawyers for Doctor D' Amato appealed the judgment alleging errors were made during the trial and in deciding the final judgment.

Last week, the Supreme Court denied the petition. Dr. D' Amato's attorneys also alleged the man was faking his illness after 50 hours of surveillance video at an area construction site was presented.

However, Randolph County Circuit Judge ruled the video showed he was disabled, even after the defense left out footage that showed him struggling at simple tasks such as walking down steps.

For more information, please refer to our section on Medical Malpractice.