Couple sue surgeon for negligence during surgery

By Kyla Asbury | Jul 26, 2013

CHARLESTON - A couple are suing a surgeon that was allegedly negligent during a surgery and caused severe damages.

On March 16, 2012, Elaine Javins underwent robotic-assisted gastric bypass surgery performed by Dr. Robert Bongchul Shin, according to a complaint filed June 25 in Kanawha Circuit Court.

Javins claims during the surgery, Shin negligently caused injury to her small bowel.

Shin acted negligently, carelessly, willfully and wantonly and/or with a reckless disregard of risk of harm, according to the suit.

Javins claims on March 22, 2012, she underwent additional surgery for resection of the small bowel and repair of multiple enterotomies.

The defendant failed to timely diagnose and treat the injuries incurred during the robotic-assisted gastric bypass surgery and was otherwise negligent.

Javins claims as a result of the defendant's negligence, she sustained disfigurement and deformity; incurred doctors, institutional care, hospital care, nursing care, medicine, equipment and related items of service; suffered lost wages and a loss of future earning capacity; and sustained humiliation and embarrassment.

Javins' husband, Frank Javins, sustained great and irreparable loss in that he has suffered a loss of comfort, society, convenience and consortium to and from his wife, according to the suit.

The couple are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Matthew C. Lindsay and Richard D. Lindsay of Tabor Lindsay & Associates.

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

Kanawha Circuit Court case number: 13-C-1194

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