CHARLESTON – A Winfield woman alleges she had to undergo multiple surgeries after a physician failed to diagnose her acute appendicitis.

Brenda Joyce Bates filed a complaint Jan. 16 in Kanawha Circuit Court against James Bryson McCain, M.D., alleging medical malpractice.

According to the complaint, the plaintiff was taken to CAMC Teays Valley Hospital on May 2, 2016, with complaints of abdominal pain. The suit states a CT scan was done and this scan was interpreted by the defendant, and the defendant interpreted the scan as "unremarkable." The plaintiff alleges she was released based on this interpretation. 

Three days later, the plaintiff alleges she went to CAMC Memorial Division in Charleston, was diagnosed with a ruptured appendix and needed emergency surgery.

The plaintiff holds McCain responsible because the defendant allegedly failed to properly diagnose her life-threatening acute appendicitis, causing her endure multiple surgeries.

The plaintiff requests a trial by jury and seeks compensatory and incidental damages, plus interest, costs and fees and any further relief that the court may deem appropriate. She is represented by Mark E. Troy of Troy Law Firm PLLC in Charleston. The case has been assigned to Circuit Judge Joanna Tabit.

Kanawha Circuit Court case number 18-C-42




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