MOUNDSVILLE — A Marshall County man is suing Reynolds Memorial Hospital claiming he was injured during a procedure, but the hospital denies the allegations.
The hospital denies it has any indebtedness or liability to the plaintiff, according to the March 23 answer filed in Marshall Circuit Court.
"While denying liability, Defendant states that as to any injury or damages sustained by Plaintiff, any recovery must be reduced by the percentage of damages caused by the negligent acts or omissions of any other person or entity," the answer states.
The hospital contends that the plaintiff's alleged injuries were the result of underlying medical conditions and/or known risks and complications of medical treatment.
Mark Burriss had a laparoscopic cholecystectomy performed by Dr. Frank Schiebel on Aug. 25, 2021, according to a complaint filed in Marshall Circuit Court.
Burriss claims before concluding the procedure, Schiebel failed to recognize that he had perforated Burriss' small bowel.
The following day, Burriss returned to the hospital with acute abdominal pain and on Aug. 27, 2021, Schiebel operated on him again, performing an exploratory laparotomy and identified the cut in the small bowel, according to the suit.
On Sept. 1, 2021, Burriss underwent a third operation, this time by Dr. Matthew Metz and Metz removed approximately six inches of Burriss' small bowel and then he was transferred to Wheeling Hospital until Sept. 22, 2021, according to the suit..
Burriss claims the defendants were negligent in perforating his bowel and failing to notice it.
"As a direct and proximate result of Dr. Schiebel's negligence, the plaintiff...has experienced pain, suffering, mental distress, annoyance, aggravation, inconvenience and other general damages," the complaint states.
Burriss claims Reynolds Memorial Hospital is liable for the damages done by Schiebel.
Burriss is seeking compensatory damages. He is represented by Geoffrey C. Brown of Bordas & Bordas in Wheeling.
The case is assigned to Circuit Judge Jeff Cramer.
Marshall Circuit Court case number: 23-C-13