HUNTINGTON — An Ohio couple is suing MedExpress Urgent Care for allegedly not taking her symptoms seriously when she was seen by a nurse practitioner.
Tamara R. Loyalty, a nurse practitioner, and the Marshall University Board of Governors were also named as defendants in the suit.
Rebecca Nottingham and Jeffrey Nottingham of South Point, Ohio, claim on March 9, 2021, Rebecca Nottingham presented to MedExpress with severe low back pain and left flank pain and Royalty treated her, according to a complaint filed in Cabell Circuit Court.
The Nottinghams claim an x-ray was negative for any acute abnormalities, but a urinalysis reveled a low PH, the presence of bilirubin, trace amounts of blood and an elevated protein level.
"Rebecca was diagnosed with a strain of the ligaments of the lumbar spine and administered an injection of dexamethasone sodium phosphate, a steroidal anti-inflammatory medication," the complaint states. "Ms. Royalty did not incorporate the urinalysis results in her final diagnosis and subsequent treatment of Rebecca."
Royalty discharged Rebecca Nottingham with several prescriptions to last her until she could see Dr. Charles Clements at Marshall on March 12, 2021, according to the suit.
The Nottinghams claim Clements canceled the appointment and Rebecca Nottingham ran out of medication. When her pain became intolerable she went to Cabell Huntington Hospital's emergency department.
On March 18, 2021, Rebecca Nottingham went to her rescheduled appointment with Clements, but she claims his plan and assessment had nothing at all to do with the problems she was having and she requested to be referred to a neurologist, who saw her on March 26, 2021.
The Nottinghams claim on April 4, 2021, Rebecca Nottingham went to the Cabell ER again because she was having swelling and pain in both of her legs and examinations and diagnostic studies revealed a massive retroperitoneal abscess that was obstructing her left kidney and she was admitted.
The following day, Rebecca Nottingham went into septic shock and needed to have emergency surgery. She remained hospitalized until April 22, 2021, and required a walker and home health services for several months. She was then forced to retire from her full-time employment.
Rebecca Nottingham claims none of the defendants properly responded to her persistent symptoms and were negligent in their care of her.
The Nottinghams are seeking compensatory damages. They are represented by Brian J. Headley and Victoria A. Montoro of Headley Law Firm in Daniel Island, S.C.
The case is assigned to Circuit Judge Gregory L. Howard Jr.
Cabell Circuit Court case number: 23-C-27
