CHARLESTON – A Kanawha County man blames Charleston Area Medical Center for the death of a family member.
Ed Toon, as executor of the estate of Albert W. Toon, filed his complaint in Kanawha Circuit Court against CAMC and an unknown John Doe person or entity.
According to the complaint, Albert Toon was involved in a vehicle accident Sept. 27, 2018, and went to CAMC for treatment. He was diagnosed with a pleural effusion, which is sometimes referred to as “water on the lungs.”
“But rather than monitor the progress of that injury, after two days in the hospital, defendant CAMC discharged the decedent,” the complaint states. “In discharging the decedent, defendant CAMC and its employees failed to properly give discharge instructions or monitor the injuries sustained by the decedent.
“As a result of the pleural effusion and the failure of defendant CAMC to properly treat it, the decedent’s injuries developed into pneumonia and sepsis and he eventually died on October 17, 2018.”
Toon accuses the defendants of professional negligence for allegedly breaching its duties by failing to properly diagnose, monitor and treat Albert W. Toon for the injuries he sustained.
He seeks compensatory damages for Albert W. Toon’s physical and mental pain and suffering prior to his death and for his past and future lost income and medical expenses. He also seeks funeral and burial costs as well as damages for sorrow, mental anguish and solace of his beneficiaries, including loss of society, companionship, comfort, guidance, kindly offices and advice of the decedent. He also seeks pre- and post-judgment interest, attorney fees, court costs and other relief.
He is being represented by Michael Del Guidice of Ciccarello, Del Guidice & LaFon in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 20-C-440