CHARLESTON — A widow is suing Charleston and statewide health care providers, alleging insufficient measures were taken to prevent the death of her husband.

Erica D. Shivley, administrator of the estate of Charles Eugene Shivley, filed a complaint Feb. 21 in Kanawha Circuit Court against Charleston Area Medical Center (CAMC) Inc., West Virginia University Board of Governors and Dr. Charles Edward Shuff, alleging they negligently deviated from the appropriate standards of medical care in treating Charles Shivley.

According to the complaint, on May 19, 2016, Charles Shivley was admitted at the CAMC facility to undergo outpatient lumbar laminectomy and was then was released to go home after the surgery. 

The suit says Shivley was found dead on his couch the next day due to hypertension and atherosclerotic cardiovascular disease. The plaintiff alleges the defendants failed to obtain pre-operative cardiac clearance and tests prior to performing lumbar laminectomy.

Erica Shivley seeks trial by jury, compensatory and punitive damages, pre- and post-judgment interest, attorney fees, court costs and all other just relief. She is represented by attorney Richard D. Lindsay of Tabor Lindsay & Associates in Charleston.

Kanawha Circuit Court case number 18-C-164




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