Death should have been prevented, suit says

CHARLESTON - The administrator of the estate of a man who died after his appendix burst says his death was avoidable and is suing the doctors who treated him.

Edna Mae Reynolds filed the suit Oct. 15 in Kanawha Circuit Court against doctors David Abramowitz, Marvin Abdalah and Paul Kyer and Kanawha Valley Radiologists.

She says Mark Reynolds was admitted to the emergency room at Thomas Memorial Hospital Oct. 23, 2004, complaining of abdominal pain and other symptoms that turned out to be the result of appendicitis.

However, she says the doctors failed to "timely diagnose and treat the condition," which led to his appendix bursting and subsequent death.

Reynolds' death occurred a month after he was admitted to Thomas Memorial.

"The diagnosis and treatment provided by Dr. Kyer to Mr. Reynolds fell below the standard of care expected of a reasonably prudent general surgeon practicing under the same or similar circumstances," the complaint says.

It also charges Abramowitz and Abdalah with medical negligence for not diagnosing and treating his condition as a reasonably prudent radiologist would have.

Edna Reynolds seeks compensation for physical and mental pain, sorrow, mental anguish, loss of homemaker services and future income, medical expenses and funeral and burial expenses.

Charleston attorney Michael Del Guidice is representing Reynolds.

Judge Irene Berger has been assigned the case.

Kanawha Circuit Court case number 06-C-2156