Woman sues Kanawha Valley Radiologist, physician for CT scan result mistake

CHARLESTON -- A Kanawha County woman is suing a Charleston physician and Kanawha Valley Radiologist Inc. for medical malpractice and negligence.

In 2002 or 2003 Sheila K. Bailes began having physical problems and was being treated by her family physician, who sent her to have a CT scan of her abdomen with and without contrast, according to a complaint filed March 12 in Kanawha Circuit Court.

Bailes claims on May 16, 2003, she received the CT scan and Dr. Riad S. Al-Asbahi identified a lesion on her left kidney, but misreported it on the radiology report as being on her right kidney.

Al-Asbahi suggested an ultrasound be conducted to more accurately diagnose the lesion, according to the suit.

Bailes claims an ultrasound was conducted on her right kidney, instead of the left, and when Al-Asbahi reviewed the report, he reported there was no lesion.

She claims in addition to misreporting the original CT findings, Al-Asbahi failed to review the original CT scan again to determine what had happened to the lesion and failed to request the ultrasound be done again.

The lesion was cancerous and went undiagnosed for an additional five years, until July 11, 2008, when another CT scan was performed and the misreporting error committed by Al-Asbahi was discovered, according to the suit.

Bailes claims she has suffered health deterioration and has sustained severe and permanent physical and mental injuries.

Bailes is seeking compensatory and punitive damages. She is being represented by Michael J. Del Giudice.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 10-C-481