Pennsylvania man says WVU doctor botched his surgery

MORGANTOWN - A Pennsylvania man says a doctor botched his operation, leading to a pancreatic leak that left him permanently disfigured.

Alfred Duley and Helen Duley, of Fairchance, filed a lawsuit Nov. 14 in Monongalia Circuit Court against Dr. Ankesh Nigam and West Virginia University's Board of Governors.

The lawsuit says that in November 2004, Nigam performed a Whipple procedure, in which portions of the gastrointestinal tract are removed but during which Duley sustained a pancreatic leak, significant wound dehiscence and a pancreatic fistula.

"Additionally, as a result of the defendant Nigam's negligence, the plaintiff has suffered a substantial ventral hernia that has left him permanently disfigured and has caused him severe and permanent pain, suffering and loss of enjoyment of life," the complaint says.

Duley adds that Nigam deviated from the appropriate standard of care by not performing an appropriate pre-operative evaluation.

"Nigam violated the standard of care by performing the Whipple procedure in a substandard fashion and violated the standard of care in failing to provide for adequate drainage of the pancreas and/or pancreatic duct," the complaint says.

Duley seeks compensation for medical expenses, pain, suffering, loss of enjoyment of life and permanent disfigurement, while his wife of 46 years, Helen, makes a claim for loss of consortium.

Dino Colombo of Morgantown firm Colombo and Stuhr is representing the plaintiffs.

Monongalia Circuit Court case number 06-C-741