David Ball has filed a medical malpractice complaint against Dr. Basim Antoun, alleging gross negligence in the misreading of an abdominal CT scan. The complaint was filed on May 15, 2024, in the United States District Court for the Southern District of West Virginia.
The case centers around an incident that occurred on June 7, 2022, when David Ball presented to Princeton Community Hospital in Bluefield, West Virginia, with severe abdominal pain. Emergency Room personnel ordered an abdominal CT scan which was interpreted by Dr. Basim Antoun. According to the complaint, Dr. Antoun failed to report critical findings such as free intraperitoneal air and extracolonic collections of air and feces—indicators of a life-threatening gastrointestinal perforation.
Ball's complaint asserts that Dr. Antoun's failure to identify these critical signs violated the standard of care expected from a reasonably prudent radiologist. This oversight led to Ball being discharged from the hospital without appropriate treatment. Hours later, Ball returned to the same facility where another CT scan was performed by Dr. Jennifer Kottra, who accurately identified the abnormalities missed by Dr. Antoun. Due to this delay in diagnosis and treatment, Ball underwent emergency surgery resulting in a permanent colostomy.
In his filing, Ball highlights multiple rulings that establish federal jurisdiction over medical malpractice claims without requiring compliance with West Virginia’s pre-suit certification process under West Virginia Code §55-7B-6 (2003). Citing cases like Pledger v. Lynch and Jane Doe #4 v. Raleigh General Hospital, LLC among others, Ball argues that he is not required to comply with state pre-suit notice requirements before proceeding with his federal lawsuit.
The plaintiff is seeking compensatory damages for past and future pain and suffering, mental anguish, annoyance, aggravation, inconvenience, permanent deformity, medical expenses, life-care costs, loss of enjoyment of life along with permanent disfigurement. Additionally, due to what he describes as "grossly negligent" conduct carried out with "actual malice or with a conscience," Ball is also pursuing punitive damages against Dr. Antoun.
Representing David Ball is attorney Arden J. Curry III from Pauley Curry PLLC based in Charleston, WV. The case has been assigned Civil Action No.: 1:24-cv-00249 and will be presided over by judges from the United States District Court for the Southern District of West Virginia.