CHARLESTON -- A Kanawha County woman is suing Charleston Area Medical Center and New Century Emergency Physicians of West Virginia after she claims they were responsible for her son's death.

Dr. John S. Bodkin III was also named as a defendant in the suit.

On March 26, 2008, the defendants deviated from the applicable standard of care and were negligent in regards to the care of John Anthony Tyburski Jr., according to a complaint filed April 28 in Kanawha Circuit Court.

Reba Walls claims the defendants failed to provide adequate and safe care; appreciate the physiological implications of Tyburski's initial complaints and symptoms; timely, properly and adequately assess Tyburski's condition; properly and adequately document and/or communicate Tyburski's initial and on-going symptoms; ensure and provide Tyburski with appropriate and timely testing; maintain a diagnostic differential; take appropriate, timely and necessary measures to provide Tyburski with complete treatment and/or care; and otherwise timely and adequately assess, report, treat and/or care for Tyburski's emergent condition.

Tyburski suffered physical and mental pain and suffering, severe emotional distress, permanent scarring and incurred medical expenses prior to his death on April 7, 2008, according to the suit.

Walls is seeking compensatory and punitive damages. She is being represented by Marvin W. Masters.

The case has been assigned to Circuit Judge Charles King.

Kanawha Circuit Court case number: 10-C-786

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