WINFIELD – A couple from Hurricane claim a podiatrist improperly removed one of the husband's toenails, causing him to have the toe cut off.

Herman and Audrey Harvey filed a lawsuit in Putnam Circuit Court on Feb. 24 against podiatrist Seth Stinehour.

According to their complaint, Herman became a patient of Stinehour's in late 2006 because of problems he was having with his right foot.

During a follow-up visit on Dec. 14, 2006, the plaintiffs allege that Stinehour observed drainage coming from under Herman's left great toenail and declared the toenail would have to be removed.

The complaint alleges that Herman did not give informed consent for the procedure and that Stinehour did not sterilize the area of the toenail nor the extraction instrument before removing the toenail.

Subsequently, Herman developed gas gangrene in the left great toe and it had to be amputated, the complaint says.

The plaintiffs say Herman has already racked up about $55,000 in medical bills and expects to accrue more in the future. He also says he's suffered mental and emotional anxiety, embarrassment and discomfort.

Audrey claims she's been deprived of her husband's society, companionship, consortium and services and expects to continue to be deprived of those things.

The couple is seeking damages, plus legal interest and costs.

Frank M. Armada is representing the clients. The case is before Putnam Circuit Judge O.C. "Hobby" Spaulding.

Putnam Circuit Court case number: 09-C-65

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