HUNTINGTON – A Cabell County man says a botched surgical procedure left him with a permanent kidney injury.
Timothy McCarty filed his complaint February 7 in Cabell Circuit Court against Dr. Amjad Alwaal and the Marshall University Board of Governors.
“The damage done by this doctor to Mr. McCarty’s kidneys was avoidable,” attorney L. Dante diTrapano told The West Virginia Record. “We look forward to recovering for our client.”
diTrapano
According to his complaint, McCarty says Alwaal failed to comply with accepted standards of medical care by negligently performing TURP surgery because McCarty says he was a poor candidate for the procedure. A TURP procedure is a transurethral resection of the prostate in which parts of the prostate are removed through the penis. He also says Alwaal didn’t refer him to an interventional radiologist for aspiration of his prostate abscess.
McCarty says those actions caused him to suffer from permanent kidney injury and other injuries following surgery at Cabell Huntington Hospital on November 4, 2019. He says the injuries sustained during that surgery caused him to suffer from acute renal failure.
He accuses Alwaal of medical negligence for deviating from reasonable and accepted standards of care for McCarty’s diagnosis and treatment. He accuses the Marshall BOG of vicarious liability because Alwaal was an employee of the school.
McCarty seeks compensatory damages for medical expenses, physical pain and suffering, annoyance, inconvenience, humiliation, inconvenience and loss of enjoyment of life. He also seeks punitive damages, pre- and post-judgment interest, attorney fees, court costs and other relief.
He is being represented by diTrapano and David Carriger of Calwell Luce diTrapano in Charleston. The defendants are being represented by Tamela J. White-Farrell of Farrell White & Legg in Huntington. The case has been assigned by Circuit Judge Gregory Howard.
Cabell Circuit Court case number 22-C-43