CHARLESTON – A widow has filed a medical malpractice suit against a Charleston Area Medical Center physician blaming him for her husband's death.
Ginger Green, executrix of the estate of Harold D. Green, filed her complaint in Kanawha Circuit Court against Dr. James B. McCain, a CAMC radiologist who was treating Harold Green for lung cancer.
According to the complaint, Green underwent a routine CT scan at CAMC in June 2021 because of a history of lung cancer. The scan was reviewed by McCain who reported no suspicious nodules or abnormalities.
But in January 2022, Green presented to the emergency room with complaints of coughing up blood and a subsequent scan revealed a mass in his lungs and occlusion of an artery, the complaint claims. A pathology report later confirmed recurrent lung adenocarcinoma.
Green passed away from lung cancer with brain metastasis in November 2022.
The estate claims McCain failed to provide appropriate medical care and treatment by not properly identifying and reporting findings from the June 2021 CT scan.
The estate is represented by Robert V. Berthold Jr. and Holly G DiCocco of the Berthold Law Firm in Charleston, and McCain is represented by J Dustin Dillard from Flaherty Sensabaugh Bonasso in Charleston. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 23-C-1064
