Boone County couple sue CAMC for medical negligence

By Kyla Asbury | May 31, 2013

CHARLESTON - A Boone County couple are suing Charleston Area Medical Center Inc. for deviating from the applicable standard of care and causing injuries.

Dr. Sandra Elliott was also named as a defendant in the suit.

William P. Jarrell was a patient of the defendants' from April 6, 2011, until April 13, 2011, due to a serious infection, according to a complaint filed May 20 in Kanawha Circuit Court.

Jarrell claims the defendants were to perform tests and make reports to him as to the results and problems, if any.

The defendants owed Jarrell a duty of due care, and was negligent in their duty of due care, according to the suit.

Jarrell claims the defendants failed to provide adequate and proper medical care, advice, assessment, monitoring and treatment to him during the course of the examinations and treatment of him during his admission.

The defendants failed to intervene by asking for further diagnostic and radiological tests, which would have demonstrated Jarrell's condition, consisting of a gastric perforation and leak, which called for prompt intervention, according to the suit.

Jarrell claims the defendants also failed to consider, intervene and adequately test for another source of his infection, particularly an abdominal source, and failed to obtain radiological studies of the abdomen.

As a result of the defendants' acts and omissions, Jarrell was injured and damaged by incurring medical bills and expenses; he suffered physical and mental pain and emotional distress; became disfigured; suffered a permanent disability; lost enjoyment of life; lost income; and suffered temporary and physical injury, according to the suit.

Jarrell and his wife, Dianna Jarrell, are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Kelly Elswick-Hall of the Masters Law Firm LC.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 13-C-989

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