West Virginia Record

Wednesday, February 19, 2020

Botched gall bladder surgery results in injury, Putnam Co. suit claims

By Kyla Asbury | Oct 23, 2015


WINFIELD – A Kanawha County woman is suing a physician she claims caused damages.

On March 26, Matthew Harris was admitted to CAMC Teays Valley Hospital with complaints of abdominal pain, according to a complaint filed Oct. 2 in Putnam Circuit Court.

Dianna Santamaria, Harris', power of attorney, claims Harris was discharged that day with a diagnosis of gallstones and was instructed to follow up with Dr. Leonard Fichter.

Harris did as he was instructed and followed up with Fichter that afternoon and Fichter ordered and recommended that Harris' gallbladder be surgically removed, according to the suit.

Santamaria claims on April 1, Fichter surgically removed Harris' gallbladder and, as a consequence of the procedure, Harris was admitted to Thomas Memorial Hospital and University of Pittsburgh Medical Center each on two separate occasions for corrective and addition care and surgeries.

Fichter negligently, carelessly, willfully, wantonly and/or with reckless disregard of risk of harm to Harris, placed a clip on his common duct during his gallbladder removal and/or surgery, thereby permanently injuring Harris' common duct and resulting in further injury and was otherwise negligent, according to the suit.

Santamaria claims the negligence, carelessness, recklessness of Fichter proximately caused Harris to suffer significant and extensive injury and pain.

Santamaria is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Richard D. Lindsay of Tabor Lindsay & Associates.

The case is assigned to Circuit Judge Joseph K. Reeder.

Putnam Circuit Court case number: 15-C-239

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Organizations in this Story

Tabor, Lindsay and Associates