Couple accuse doctor of malpractice

By Kyla Asbury | May 15, 2014

WHEELING - A couple is suing a physician they claim breached the standard of care and caused damages.


WHEELING - A couple is suing a physician they claim breached the standard of care and caused damages.


On Aug. 18, 2009, Kim Nelms presented to Dr. Dante A. Marra for a left total knee arthroplasty to treat a severe degenerative joint disease, according to a complaint filed April 14 in Ohio Circuit Court.


Nelms claims on Oct. 20, 2009, she was placed under anesthesia for left knee manipulation to help her range of motion, and on Dec. 11, 2009, she reported to Marra that she had fallen.


On June 30, 2010, during a follow-up visit, Nelms reported that she had fallen quite a few times and was still having pain and swelling, according to the suit.


Nelms claims in August 2012, she reported more pain in her left knee and, at the time, Marra reviewed x-rays and noted good positions of the hardware and no complications.


On March 3, 2012, and April 13, 2012, Nelms again complained of pain in her knee and Marra again reviewed x-rays and noted good positions of the hardware and no complications, according to the suit.


Nelms claims on May 31, 2012, she presented to Dr. Nicholas Sotereanos for a second opinion, and on Aug. 8, 2012, she had a revision surgery on her left knee, at which the prosthesis implanted by Marra was removed and replaced.


Marra breached the standard of care by installing a prosthesis that was too large for Nelms' body and further breached the standard of care in failing to reorder or utilize and appropriate image to aid in diagnosing the loose prosthesis, according to the suit.


Nelms claims the breaches of standard caused her to suffer multiple falls and endure pain, suffering and a feeling of instability in her left knee.


Nelms' husband, William Nelms, suffered a loss of consortium, loss of society, affection, assistance and conjugal fellowship, all to the detriment of their marital relationship, according to the suit.


The Nelms' are seeking compensatory damages with pre- and post-judgment interest.


They are being represented by Daniel M. Balgo of Balgo & Kaminski LC.


Ohio Circuit Court case number: 14-C-98

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