Kanawha Co. man sues surgeons for mother's death

CHARLESTON -- A Kanawha County man is suing two South Charleston physicians after he claims they are responsible for his mother's death.

Dr. Ahmad Bali diagnosed Elwanda Lucille Brown as suffering from a hiatal hernia that required surgical repair, of which was performed on March 11, 2010, according to a complaint filed July 13 in Kanawha Circuit Court.

Leland Brown claims later that during the surgery, Bali failed to use proper surgical technique and as a result of the failure, the hiatal hernia remained unrepaired.

Bali's failure to use proper surgical technique during the surgery was a deviation from the applicable standard of care, according to the suit.

Leland Brown claims following the surgery, Elwanda Lucille Brown was discharged from the hospital, unaware that the hiatal hernia was not repaired.

On Nov. 29, 2010, Elwanda Lucille Brown presented to the Thomas Memorial Hospital emergency department with complaints of abdominal pain, nausea and vomiting, according to the suit, but since Bali was unavailable, Dr. Saima Khan was on call and was contacted by the emergency department to treat her.

Leland Brown claims Khan did not physically evaluate his mother until approximately 7 p.m. the following day and that even though Khan was aware that Elwanda Lucille Brown was suffering from a large hiatal hernia that needed surgical intervention, "she did not schedule the emergent surgery...required."

Elwanda Lucille Brown's health continued to deteriorate throughout the next two days and on Dec. 2, 2010, she suffered an infarction and perforation of her stomach and died, according to the suit.

Leland Brown claims the defendants were negligent in their care of his mother and are responsible for her death.

Leland Brown is seeking compensatory damages. He is being represented by Tony L. O'Dell and Cheryl A. Fisher.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 11-C-1164