CHARLESTON - A Logan County man has filed a medical malpractice suit on behalf of a woman who died from complications after her hysterectomy.

Daniel Gibson filed a suit July 5 in Kanawha Circuit Court on behalf of the estate of Dorothy Gibson against Michael Anthony Schiano, M.D., and Penny S. Divita, D.O. Both defendants are physicians licensed to practice medicine in West Virginia.

According to the suit, Schiano removed Gibson's uterus Dec. 26, 2006, at Charleston Area Medical Center. After she was discharged, the suit says Gibson continued to contact the office with complaints of abdominal pain and fever.

Gibson then went to the emergency room at CAMC on Jan. 7, 2007, and was treated by Divita, and via telephone communication by Schiano.

"Mrs. Gibson was sent home even though an x-ray taken during that visit revealed subcutaneous air within the abdominal wound extending to the chest," the suit says.

Gibson returned to the hospital in critical condition Jan. 9, 2007, and was taken to surgery, where a large infection was discovered. The suit says the needles and sutures from the initial surgery caused constant leakage of fecal matter into Gibson's wound.

On Jan. 25, 2007, Gibson died of an infection caused by the perforations and leakage.

Daniel Gibson claims the negligence, carelessness, recklessness and deviation from the appropriate standard of care caused the death of Dorothy Gibson. He seeks punitive and compensatory damages, as allowable under the Medical Professional Liability Act.

Attorney Richard D. Lindsay is representing Gibson. The case has been assigned to Judge Tod Kaufman.

Kanawha Circuit Court case number 07-C-1367

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