Women accuse Morgantown physician of medical malpractice

By Kyla Asbury | Aug 13, 2012

MORGANTOWN -- Two women are suing a Morgantown physician after they claim he failed to properly diagnose their family member.

On Oct. 14, 2010, Robert L. Powell underwent a medical examination upon presenting to Monongalia General Hospital for symptoms of abdominal cramping and nausea without vomiting, according to a complaint filed July 27 in Monongalia Circuit Court.

Marcia M. Powell and Patricia M. Powell claim Robert Powell was examined by Dr. Todd Tallman, but after having arrived with a history of possible appendicitis by CT scan at Fairmont General Hospital, the defendant did not diagnose Robert Powell with appendicitis.

Tallman discharged Robert Powell without performing surgery, according to the suit.

Marcia Powell and Patricia Powell claim on Oct. 21, 2010, Robert Powell returned to Fairmont General with abdominal pain and was transferred to Monongalia General Hospital, where Tallman again examined him and decided to take him to the operating room for a laparoscopy, at which time a badly diseased appendix was removed.

Robert Powell went on to develop post-operation renal failure, a myocardial infarction with a resultant injection of 10 to 15 percent sepsis and vent-dependent respiratory failure, according to the suit.

Marcia Powell and Patricia Powell claim Robert Powell died on Oct. 28, 2010.

The defendant deviated from the acceptable standard of care and was negligent in his care of Robert Powell, according to the suit.

The plaintiffs claim Tallman's deviations from the accepted standard of care delayed Robert Powell's proper treatment, resulting in the prolonging and worsening of his symptoms.

As a result of Tallman's negligence, Robert Powell suffered and sustained damages and injuries; death; loss of income and benefits; aggravation; annoyance and inconvenience; depression; emotional distress and mental anguish; and other damages, according to the suit.

Marcia Powell and Patricia Powell are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Kristine A. Burdette and Frances C. Whiteman.

Monongalia Circuit Court case number: 12-C-511

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