Son blames eight physicians, others for father’s death

By Kyla Asbury | Feb 8, 2013

CHARLESTON – A man is suing eight physicians he claims are responsible for his father’s death.

Summersville Regional Medical Center; Charleston Area Medical Center, Inc.; West Virginia Board of Governors; Marvin Wurth, M.D.; Yancy Short, M.D.; Paul Conley, D.O.; Halberto Cruz, M.D.; Robby Keith, M.D.; Benjamin Dyer, M.D.; Nicholas Baker, M.D.; and Damian Maxwell, M.D. were named as defendants in the suit.

On Oct. 20, 2010, John Steven LeRose sought medical care and was admitted to SRMC for abdominal pain and nausea and was transferred to CAMC two days later, according to a complaint filed Jan. 28 in Kanawha Circuit Court.

John Steven LeRose II claims it was discovered on Oct. 26, 2010, that his father was suffering from appendicitis, and on Nov. 12, 2010, he died as a consequence of the defendants’ failure to timely diagnose and treat the appendicitis.

The defendants acted negligently, carelessly, willfully and wantonly and/or with a reckless disregard of risk of harm and in deviation from the applicable standards of medical care in the care and treatment rendered to John Steven LeRose, according to the suit.

John Steven LeRose II claims the defendants negligently failed to diagnose and treat his father’s appendicitis on Oct. 20, 2010.

As a result of the defendants’ negligence, carelessness, willfulness, recklessness and/or wantonness and deviation from the applicable standards of medical care, John Steven LeRose died and his estate has incurred diverse and sundry expenses for funeral and burial costs, according to the suit.

John Steven LeRose II is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Richard D. Lindsay.

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

Kanawha Circuit Court case number: 13-C-179

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