CHARLESTON – A Mineral Wells couple is suing Charleston Area Medical Center after they claim a surgeon was negligent and caused injuries.

On Aug. 27, 2012, Debra D. Shively, underwent a revision of her prior breast reconstruction bilaterally, including placing tissue expanders, according to a complaint filed Feb. 27 in Kanawha Circuit Court.

Shively and her husband, Craig J. Shively, claim between Aug. 27, 2012, and April 29, 2013, she underwent further medical care and treatment performed by Dr. William A. Wood.

On April 29, 2013, Wood removed the tissue expanders and placed in the bilateral breast implants, according to the suit.

The plaintiffs claim Wood deviated from the applicable standard of care by considering Debra Shively as an appropriate candidate for the revision of bilateral breasts with reconstruction, recommended and performed by him.

Wood further deviated from the applicable standard of care by removing Debra Shively's existing 800cc breast implants and replacing them with only partially expanded 600cc tissue expanders and again embarking on tissue expansion of breast skin that already had been fully expanded at the time of her initial breast reconstruction procedure following her bilateral mastectomy in June 2011.

The plaintiffs claim that if Wood had followed the accepted standard of care, he would not have recommended a staged breast reconstruction for Debra Shively's breasts that previously had been constructed with staged subpectoral tissue expansion and placement of permanent breast implants.

As a result of Wood's breach and deviation, Debra Shively sustained permanent breast skin contraction, deformity, physical disfigurement and scarring; physical pain and discomfort; mental and emotional distress, worry and embarrassment; limitation and loss of enjoyment of life; and limitation on her routine daily activities, according to the suit.

The plaintiffs claim Debra Shively underwent unnecessary medical and surgical procedures; and incurred medical and hospital expenses.

Charleston Area Medical Center is liable to the plaintiffs for Wood's negligence and deviation, which caused the plaintiffs' injuries.

The plaintiffs are seeking compensatory damages with pre- and post-judgment interest. They are being represented by J. Michael Benninger of Benninger Law.

The case is assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 15-C-424

More News