A malpractice claim against Charleston, W.Va., anesthesiologist Timothy Deer, MD, stemming from a fatal MRI exam in 2012 has been dismissed in Fayette County Circuit Court, according to The West Virginia Record.
The original claim was brought by the widow of Harold Stone, who died on Jan. 30, 2012, following an MRI on his knee. The complaint said that during the imaging exam, a pump system implanted in Stone’s body by Deer in 2007 released a fatal dose of morphine.
However, Fayette County Circuit Court Judge John W. Hatcher, Jr., granted Deer’s motion to dismiss, writing that the plaintiff failed to comply with the statutory prerequisites for filing a complaint of medical professional negligence, reported The West Virginia Record.
While Deer was dismissed from the suit, other defendants remain. Also named were Flowonix Medical; Thomas Health System; Phillip Surface, DO; and a Jane Doe. Hatcher denied a separate motion to dismiss filed by Flowonix.