CHARLESTON — Dr. Frederick C. Martinez denies the allegations against him in a lawsuit filed by a Charleston couple.
Martinez argues in his answer that he met or exceeded the applicable standard of care in his treatment of Roger Bryant and that the claims alleging that he did not should be dismissed.
"At all relevant times, Defendant acted within the appropriate standard of care in his treatment of Mr. Bryant based upon prevailing practice of medicine and the state of medical knowledge at the time," the answer states. "The alleged damages suffered by Plaintiffs, if any, were not proximately caused by any act or omission of this Defendant, or his agents, servants and employees."
Martinez argues that the alleged damages resulted from independent and unforeseeable superseding and/or intervening causes unrelated to his conduct and wants those claims to be dismissed.
"Plaintiffs' alleged injuries were the result of an underlying medical condition and/or a known risk and complication of a medical treatment or device and were not the result of the negligence of this Defendant, therefore, the Complaint should be dismissed against this Defendant," the answer states.
Roger Bryant and Camilla Bryant filed the lawsuit against Martinez and Charleston Area Medical Center alleging that the defendants were negligent and did not inform him of his prostate cancer diagnosis nearly a decade ago, according to a complaint filed in Kanawha Circuit Court.
On Oct. 5, 2013, Roger Bryant presented to Martinez at CAMC and informed him that he had frequent urination and occasional urinary incontinence and Martinez suggested he undergo a prostate biopsy, which he did in November 2013.
The biopsy records indicated the result was positive for adenocarcinoma, but Martinez did not initiate any treatment or even inform the plaintiffs of cancer and, instead, told him the biopsy results were normal and to continue treating with his primary care physician.
In 2019, Roger Bryant's bloodwork performed by his primary doctor revealed a PSA of 28.9 and his primary doctor then reviewed the results from the 2013 biopsy and informed him that he had been living with undiagnosed prostate cancer for nearly six years, according to the suit.
The Bryants claim the delay in Roger Bryant's care meant he was no longer a candidate for receiving the definitive, curative care, which significantly affected his chances of a positive outcome.
The Bryants are seeking compensatory damages. They are represented by Brian J. Headley and Jonathan K. Matthews of Headley Ballard in Daniel Island, S.C.
Martinez is represented by Edward C. Martin of Flaherty Sensabaugh Bonasso in Charleston.
The case is assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number: 21-C-902