West Virginia Record

Monday, February 24, 2020

Woman says surgical mishap caused injuries

By Kyla Asbury | Aug 30, 2016

Medical malpractice 05

SUMMERSVILLE – A woman is suing the City of Summersville after she claims a surgeon at Summersville Regional Medical Center caused her injuries.

The City of Summersville is suing business as Summersville Regional Medical Center.

Dr. Ben Hensley was also named as a defendant in the suit.

On July 17, 2014, Mary Spenia underwent a laparoscopic gall bladder removal surgery performed by Hensley, according to a complaint filed Aug. 5 in Nicholas Circuit Court.

Spenia claims during the surgery, Hensley cut her common hepatic duct and did not realize he’d cut the duct.

During the surgery, Hensley failed to clearly identify the anatomy he was cutting before he cut it and he failed to follow the patient safety rule known as the “Critical View of Safety” which, if followed, allows the surgeon to clearly identify the anatomy before he cuts it, according to the suit.

Spenia claims she was sent home following the surgery without Hensley ever realizing he had cut the hepatic duct and, two days later, she returned to SRMC in septic shock, where she was resuscitated and transferred to Charleston Area Medical Center for higher level medical care and treatment of her septic shock, acute renal failure and acute respiratory distress that was caused by the bile peritonitis.

The bile peritonitis was caused by the cut of the common hepatic duct, as well as the removal of a portion of the extrahepatic biliary tree, according to the suit.

Spenia claims the defendants treatment was negligent and a deviation from the appropriate standard of care.

Spenia is seeking compensatory and punitive damages. She is being represented by Tony L. O’Dell and Cheryl A. Fisher of Tiano O’Dell PLLC.

Nicholas Circuit Court case number: 16-C-97

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Organizations in this Story

Tiano O'Dell, PLLC