Judgment entered in lawsuit against gynecologist for nearly $315,000

CHARLESTON - A judgment has been entered in a lawsuit against a Charleston gynecologist who a couple claimed was negligent during surgery.

On Aug. 6, a judgment order was filed in Kanawha Circuit Court.

The matter was tried July 15 through 19. The jury returned a verdict in favor of the plaintiff in the amount of $303,741.96, $47,641.96 for past medical expenses for medical care and treatment; $6,100 for lost wages; and $250,000 in non-economic damages.

The court ordered pre-judgment interest in the amount of $11,059.06 from Aug. 11, 2010, through July 19, making the total award $314,801.02.

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, 2011, in Kanawha Circuit Court.

Milne claimed 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 claimed 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 defendant 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, were seeking compensatory damages. They were being represented by Stephen P. Meyer of Meyer, Ford, Glasser & Radman.

The defendant was represented by Thomas J. Hurney of Jackson Kelly PLLC.

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

Kanawha Circuit Court case number: 11-C-1657