Man sues physician for medical malpractice

By Kyla Asbury | Oct 11, 2013

CHARLESTON - A man is blaming a physician after he claims he was negligent and failed to properly care for him.

Dr. Shawn Thomas was named as a defendant in the suit.

On Dec. 2, Donald L. Weekley Jr. presented to the emergency room at St. Francis Hospital and again presented to the same emergency room on Dec. 4, and was diagnosed with non-obstructive kidney stones of the left and right kidney, according to a complaint filed Sept. 12 in Kanawha Circuit Court.

Weekley claims on Dec. 7, Thomas performed an operative procedure consisting of a cystoscopy, left ureteroscopy, laser lithotripsy, stone extraction with stent insertion and urethral dilation.

During the procedure, a perforation occurred and Thomas placed a stent in Weekley, with a string left on the end of the stent, according to the suit.

Weekley claims he was discharged later that day with a pain level being 10 out of 10 and on Dec. 9, he returned to St. Francis with pain, hematuria and dysuria.

The next day, Weekley was taken to an outpatient surgery suite at St. Francis by Thomas, where the previously placed stent was removed under IV sedation, according to the suit.

Weekley claims on Dec. 13, he was admitted to St. Francis and a stent was placed on Dec. 15 by another physician.

On Dec. 28, the second stent was removed from the left kidney and on Jan. 17, a CT scan indicated that the left ureter was still obstructed, according to the suit, and on Feb. 15, a physician attempted to insert a double J stent, but was unsuccessful, as the ureter appeared to be blocked.

Weekley claims he was transferred to Charleston Area Medical Center and the care of Dr. James Tierney, who performed multiple procedures from February through May, including placement of a nephrostomy tube, additional stent placements and removals and on March 5, a false passage of the UBJ was found.

Thomas negligently, carelessly, recklessly, incompetently and in a deviation from the normal standard of medical care, failed to properly care for Weekley, according to the suit.

Weekley is seeking compensatory damages. He is being represented by Robert V. Berthold Jr. and Holly G. DiCocco of Berthold Law Firm PLLC.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 13-C-1736

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