Mason hospital, doctor sued for failed hysterectomy

POINT PLEASANT -- For failing to perform a hysterectomy on her the first time, a Mason County woman is suing both the doctor who performed it, and the hospital where it was performed for medical malpractice

Margaret Renee Oldaker on April 2 filed suit against Pleasant Valley Hospital and Dr. Mark W. Nolan in Mason Circuit Court. In her complaint, Oldaker, 37, of Mason, alleges she had to wait four years for a hysterectomy first performed on her in 2004 was properly done.

In her suit, Oldaker alleges she sought treatment from Nolan in March 2001 "in regard to her then complaints of menstrual problems and accompanying abdominal pain." Almost three years later on Feb. 4, 2004, Nolan admitted Oldaker to PVH to undergo a total abdominal hysterectomy.

Despite the surgery, Oldaker maintains her abdominal pain and menstrual problems persisted. In an attempt to alleviate the problems, Nolan performed on Oldaker first a laparoscopy on Nov. 5, 2006, and next an open laparotomy on Dec. 6, 2006.

In the course of conducting an ultrasound on Feb. 7, 2008, Oldaker's family physician "revealed that her abdomen still contained both of her ovaries and her cervix." On Oct. 1, 2008, she had surgery yet again to remove both ovaries, her fallopian tube and cervix.

Nolan, Oldaker alleges, "fraudulently attempted to cover up his negligent conduct by disputing the ultrasounds findings." He said that the "shadows shown in the film were not those of her ovaries but rather depicted her intestines."

As a result of Nolan's and PVH's negligence, Oldaker alleges she's suffered "mental and emotional anxiety, including humiliation, embarrassment and discomfort." Specifically, she alleges the surgeries have resulted in permanent damage to her bowels and bladder that require her to self-catherize, and take medication for them to function properly.

Oldaker's husband, Troy, alleges he suffered a loss of consortium, and is named as co-plaintiff in the suit.

Along with recovery of $100,000 in medical expenses, and $10,000 in lost wages Margaret incurred, the Oldakers seek unspecified damages, court costs and interest. They are represented by Teays Valley attorney Frank Armada.

The case is assigned to Judge David W. Nibert.

Mason Circuit Court case number 10-C-27