West Virginia Medical Malpractice Appeal Turned Down

Shannon Weidemann

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A West Virginia doctor is still liable for a $1.7 Million medical malpractice award after the State Supreme Court turned down his appeal. He was sued after a man became blind following a surgery he performed. The original case was appealed on alleged errors made during the court case. In that case the defense tried to show that the patient was not blinded by the surgery.

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.

The doctor had no comment on the case.

If you would like to learn more about medical malpractice, please visit InjuryBoard's Medical Malpractice information page.