Putnam couple files malpractice suit

By Cara Bailey | Feb 2, 2007

CHARLESTON - A Putnam County couple has filed a suit against a Charleston hospital, claiming the negligence of the doctor on duty caused permanent injury to the husband.

Timothy and Marilyn DiVita filed a suit Jan. 24 against Charleston Area Medical Center Memorial Hospital and the University of West Virginia Board of Trustees. Tanya C. Warwick, M.D., is a physician employed by The University of West Virginia Board of Trustees in the practice of neurology.

Timothy DiVita was a patient in CAMC from June 4 to June 23, 2005, and Warwick was one of his physicians. During his stay, DiVita "had a sudden onset of weakness in his legs," the suit says. Warwick was paged several times, but failed to provide a timely neurological consult.

As a direct result, DiVita "lost his best chance of total recovery" from an undiagnosed spinal epidural abscess, which resulted in a spinal cord injury. The suit says he remains permanently disabled as a result of the lack of care he received from Warwick.

The University board has an insurance policy covering Warwick, and the DiVita's seek up to the limit of liability insurance coverage.

The DiVitas are being represented by attorney Sprague W. Hazard, and the case has been assigned to Judge Irene Berger.

Kanawha Circuit Court case number 07-C-148

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