Ohio woman sues Khoury Surgical Group

By Kyla Asbury | Apr 9, 2015

WHEELING – A Trumbull County, Ohio, woman is suing Khoury Surgical Group Inc. and Dr. Rajai T. Khoury after she claims

On April 3, 2013, Nicole A. Scarcelli presented to the defendants with complaints of right arm pain and Khoury ordered a venogram of the right arm, according to a complaint filed March 25 in Ohio Circuit Court.

Scarcelli claims on April 9, 2013, she underwent a right upper extremity venogram and was diagnosed with a right subclavian vein occlusion.

On April 15, 2013, Scarcelli again presented to Khoury and underwent further testing for suspected thoracic outlet syndrome, according to the suit.

Scarcelli claims during the visit, Khoury advised her that she needed to undergo surgery, specifically a right rib resection to treat the thoracic outlet syndrome and on May 28, 2013, she signed an informed consent, permitting Khoury to remove her first right rib.

During the surgery, Khoury removed Scarcelli's right clavicle bone instead of her first right rib, according to the suit.

Scarcelli claims she did not give consent for her right clavicle bone to be removed and Khoury failed to properly identify and recognize anatomical structures when he wrongfully removed her clavicle bone instead of her first right rib.

Khoury repeatedly advised Scarcelli that her surgery was without complications and that he had removed the first right rib, according to the suit.

Scarcelli claims on June 3, 2013, and June 10, 2013, she presented to Khoury and complained of severe pain.

Khoury continued to misdiagnose Scarcelli with a resected right first rib and improperly ordered her to undergo physical therapy, despite the misdiagnosis of her medical condition, according to the suit.

Scarcelli claims on July 1, 2013, she sought a second opinion from Dr. Vardhan J. Reddy and was referred to Cleveland Clinic for further evaluation and treatment.

On July 16, 2013, Scarcelli presented to Cleveland Clinic and underwent an evaluation with Dr. Rebecca Kelso. She presented again for care and treatment with Kelso on July 24, 2013, which was when she discovered that Khoury had removed her right clavicle bone, according to the suit.

Scarcelli claims she had to undergo two more surgical procedures on Aug. 7, 2013, and Aug. 8, 2013,  and on Sept. 5, 2013, she underwent intense physical therapy to treat the injuries and damages from the improper clavicle resection performed by Khoury.

The defendants were negligent and caused damages and injuries to Scarcelli, according to the suit.

Scarcelli is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Brent E. Wear of Fitzsimmons Law Firm PLLC.

Ohio Circuit Court case number: 15-C-90

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