Patient Told His Appendix Was Removed But It Was Not: A West Virginia medical malpractice lawsuit was filed on December 2, 2022 against Charleston Area Medical Center (“CAMC”) in which the plaintiff alleged that he was told that his appendix had been removed when it was not that led to an untreated infection.
According to the West Virginia Record, plaintiff Dallas Settle alleges in his West Virginia medical malpractice lawsuit that he initially went to Plateau Medical Center (“Plateau”) on November 1, 2020, with complaints of pain in his right mid-abdomen extending into his right lower abdomen. A CT showed diverticulitis resulting in pneumoperitoneum. Because Plateau could not proceed with necessary surgery on Settle, Plateau arranged for Settle to be treated at CAMC.
At CAMC, Settle was treated with IV fluids and narcotics. A doctor at Plateau determined that if the non-operative treatment plan failed, laparotomy with bowel resection and ostomy would be necessary.
The following day, an appendectomy was performed after it was determined that Settle had a ruptured appendix. Despite surgery, Settle’s condition continued to deteriorate. On November 5, 2020, a CT scan revealed multiple fluid collections, distended loops of his small bowel, ileus, left renal cyst, and subcentimeter mesenteric and retroperitoneal adenopathy. Four days later, CT scans revealed fluid collections in the right and left lower quadrants.
On November 10, another exploratory laparotomy was performed followed by additional laparotomies on November 12 and on November 14. Settle was discharged on November 23. However, Settle was readmitted on November 24 after awakening with worse pain. He was found to have an infection in his incisions. He continued to experiencing pain and felt distended. On November 28, Settle was told that his appendix was still intact.
Settle was discharged from CAMC on December 4, 2020. After suffering from more abdominal pain, he presented to Plateau on January 15, 2021 and later transferred to the Cleveland Clinic, where he is still being treated.
Settle’s West Virginia medical malpractice lawsuit alleges that CAMC and its staff breached its duty of care by negligently and improperly treating him and failing to exercise the degree of care, skill, and learning required and expected of reasonable healthcare providers. Settle’s lawsuit seeks compensatory damages for his pain and suffering and medical expenses as well as punitive damages, pre- and post-judgment interests, court costs, attorney fees, and other relief.
The Kanawha Circuit Court case number is 22-C-979. The plaintiff’s West Virginia medical malpractice lawyer stated at the time of filing, “The care Mr. Settle received from CAMC was atrocious. They actually recorded they took out his appendix when they didn’t, and the infection in his gut continued until he was sent to the Cleveland Clinic.”
If you or a loved one have suffered serious harm as a result of medical negligence in West Virginia or in another U.S. state, you should promptly find a West Virginia medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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