CHARLESTON - A Kanawha County man has filed a medical malpractice suit against two Kanawha County physicians, claiming they breached their duty while treating him, causing him damages.

Joe W. Dempsey Jr. filed a suit Sept. 26 in Kanawha Circuit Court. His wife, Reva Dempsey, is also named as a plaintiff.

Doctors Arvind Viradia and Kiran A. Majmundar are named as defendants.

According to the suit, Dempsey went to Cross Lanes Internal Medicine to see Viradia, with complaints of diarrhea and weight loss.

Viradia referred Dempsey to Majmundar for a colonoscopy and G.I. appointment.

An appointment was made for Majmundar to perform the colonoscopy June 17, 2005.

Dempsey went to Thomas Memorial Hospital, where Majmundar performed a colonoscopy and an esophagogastroduodenoscopy. The operative report states several polyps were removed, including several that were three to seven millimeters in diameter.

Dempsey was released the same day.

According to the suit, Dempsey went to the emergency room at St. Francis Hospital on June 26, 2007, with complaints of dehydration, weakness and diarrhea, for the past three weeks.

After he went to the ER, Dempsey went into cardiac arrest secondary to septic shock, with renal failure and metabolic acidosis.

He was admitted under the care of Viradia, and Majmundar performed a consultation. He remained in the hospital until July 22, 2005, when he was admitted to the Cleveland Clinic.

"As Dr. Viradia candidly admits, at the time of his discharge, "…we did not find any clue what was going on at that point," the suit says.

At the Cleveland Clinic, a right colonic perforation was found and a colectomy was performed. Dempsey remained in the hospital until Aug. 19, 2005. He has had further surgical procedures and now has an ileostomy to collect intestinal waste.

In the three-count suit, Dempsey claims Viradia and Majmundar are negligent and caused Joe and Reva Dempsey great pain and expense.

Reva Dempsey claims she has suffered the loss of consortium of her husband. The Dempseys seeks judgment as the Court finds necessary.

Attorney Mark R. Staun is representing Dempsey. The case has been assigned to Judge Irene Berger.

Kanawha Circuit Court case number 07-C-2063

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