MORGANTOWN -- A man is suing West Virginia University Hospital, WVU Health System and the WVU Board of Governors for medical negligence after the death of his father.

Frank Folio was admitted to West Virginia University Hospital where Dr. John C. France performed a L4-L5 decompression and post lateral fusion with TLIF surgery on him, according to a complaint filed Dec. 30 in Monongalia Circuit Court.

Shortly after the surgery, the anesthesiologist, Dr. Robert E. Johnstone, failed to adequately monitor Folio and failed to identify and respond to signs, symptoms and test results which indicated he was developing a post-surgical cardiac complication, according to the suit.

Michael J. Folio claims between May 2 and May 5, his father's signs, symptoms and complaints progressed and by the morning of May 5, his father suffered significant decreased urine output, distended abdomen, decreased oxygen saturation, increased heart rate and hypotension.

Dr. Brandon Boyce issued discharge orders and instructions for Frank Folio on May 5. First-year resident Dr. Claire Beimesch began treating Frank Folio following discharge orders and instructions and "failed to recognize, respond to and treat" his condition, according to the suit.

Michael Folio claims his father suffered a myocardial infarction and respiratory failure and died on May 9, 2008.

Michael Folio is seeking compensatory and punitive damages for medical negligence and elder neglect. Tony L. O'Dell and Cheryl A. Fisher of Berthold, Tiano & O'Dell are representing him.

Monongalia Circuit Court case number: 09-C-912

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