CHARLESTON -- A couple is suing Surgical Gyn Associates and a Charleston gynecologist after they claim the surgeon was negligent during surgery.

On Aug. 11, 2010, Dr. Gina R. Busch performed a laparoscopically assisted vaginal hysterectomy, bilateral salpingo-oophorectomy, anterior repair and mid-urethral sling procedure on Brenda Milne at Charleston Area Medical Center, according to a complaint filed Sept. 21 in Kanawha Circuit Court.

Milne claims Busch carelessly and negligently inflicted surgical wound and injury on her right ureter.

Busch negligently failed to conform to the applicable standard of care required of a reasonably prudent health care provider, according to the suit.

Milne claims Busch failed in undertaking a procedure in which she was not fully trained or experienced to perform; in failing to inform Milne as to her experience/qualification or lack thereof; in failing to employ surgical techniques by the appropriate standard of care; and failing to appropriately recognize that she had inflicted an injury and wound in Milne's right ureter.

The defendants caused Milne's injuries and caused her to incur hospitalizations, medical care and numerous surgical operations, according to the suit.

Milne and her husband, Scott Milne, are seeking compensatory damages. They are being represented by Stephen P. Meyer.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 11-C-1657

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