MORGANTOWN - A Pennsylvania woman says her Morgantown doctor severed a nerve while he was performing a hysterectomy.
Kimberly and Michael Moody filed a lawsuit Dec. 12 in Monongalia Circuit Court against Dr. Thomas Harman and his employer, Partner's in Women's Health Care, Inc.
The alleged injury occurred Nov. 5, 2004. The suit says Harman used a Balfour retractor, which contains a blade that came into contact with Kimberly Moody's femoral nerve.
"Moody was deprived of a chance of an uneventful recovery from her Nov. 5, 2004, surgery, and she further suffered an increased risk of harm, which was a substantial factor in bringing about the ultimate injury to her femoral nerve," the complaint says.
She seeks compensation for physical pain and suffering, mental pain and suffering and loss of enjoyment of life, and charges Harman with negligence and a breach of and deviation from the applicable and accepted standard of care.
Husband Michael says he has sustained loss of consortium.
The suit also claims that the $1 million cap on non-economic damages in state medical malpractice claims is unconstitutional, as are other amendments and provisions of the West Virginia Medical Professional Liability Act requiring the preparation and service of a Screening Certificate of Merit and Notice of Claim prior to filing the suit.
J. Michael Benninger of Morgantown firm Wilson, Frame, Benninger and Metheney is representing the plaintiffs.
Monongalia Circuit Court case number 06-C-805
Woman claims nerve damage during hysterectomy
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