Woman sues Marshall Board of Governors for negligence, malpractice

By Kyla Asbury | Jun 22, 2010

HUNTINGTON -- A Huntington woman is suing the Marshall University Board of Governors for negligence and medical malpractice after she claims she was injured during surgery.

On April 16, 2008, the defendant performed surgery on Kathy Smith, according to a complaint filed May 21 in Cabell Circuit Court.

Smith claims the defendant was negligent in its care and treatment during the surgery by failing to convert from a laparoscopic procedure to an open procedure prior to placing clips and impinging on the common duct by placing clips too close to the common duct.

The defendant deviated from the applicable standard of care, which resulted in Smith's incurred expenses for medicines, hospitalizations, doctors' bills and other medical care attention, according to the suit.

Smith is seeking damages yet to be determined with pre- and post-judgment interest. She is being represented by William S. Druckman and Madonna C. Estep.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 10-C-395

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