Wrong foot operated on, woman claims in suit

Ann Knef Nov. 21, 2006, 7:38am

A Belleville podiatrist is being sued by a patient who claims her left foot was not the right foot.

According to a suit filed Nov. 16 in St. Clair County Circuit Court, Carolyn Arth claims that James L. Olroyd, D.P.M. wrongfully performed surgery on her left foot.

Seeking in excess of $100,000 in damages, Arth claims she was scheduled to have surgery performed on her right foot on Nov. 19, 2004, at Memorial Hospital in Belleville.

"The defendant operated on the plaintiff's foot, then recognizing his mistake, operated on her right foot," the complaint states.

Arth is represented by Lanny H. Darr of Alton.

"As a result of defendant's negligence, plaintiff did experience pain and discomfort in the past, she was disabled and unable to work, and she has incurred hospitalization and other medical expenses for which she would not have been obligated," the complaint states.

Memorial Hospital also is named in the suit.

Arth claims the hospital was negligent for failing to properly mark or designate her right foot for surgery and for failing to inform Olroyd of the proper foot to operate on.

"As a result of the foregoing act of negligence, James L. Olroyd, D.P.M. operated on both feet of the plaintiff, contrary to her wishes," the complaint states.

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