CHARLESTON -- A Scott Depot couple is suing Charleston Area Medical Center for medical malpractice and negligence.

On Jan. 2, 2008, Sarah Burdick was admitted to Charleston Area Medical Center for gastric bypass surgery, according to a complaint filed Feb. 16 in Kanawha Circuit Court.

Burdick and her husband, Barry Burdick, claim that during her subject admission and subsequent to her surgery, Mrs. Burdick fell at least three times and sustained bilateral ankle fractures.

Prior to having her ankles x-rayed, Mrs. Burdick claims nursing staff directed her to get out of bed and walk to the bathroom, where she fell again and hit her head.

The defendant "negligently, carelessly and recklessly breached the applicable standard of care" by failing to properly assist and/or supervise Mrs. Burdick while she was getting out of bed leading to her falling and failing to inform her she would not be properly assisted and/or supervised while a patient at its facility, according to the suit.

The Burdicks are seeking compensatory damages. They are being represented by Richard D. Lindsay of Tabor, Lindsay & Associates.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 10-C-284

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