Surgeon failed to remove clamp before closing, suit says

Kelly Holleran Jan. 5, 2009, 6:49am

David and Geri Kutz have filed suit against Cardiothoracic Surgery Associates, St. Elizabeth's Hospital of The Hospital Sister of the Third Order of St. Francis and one of their doctors and nurses, alleging David had a delayed surgical recovery because of the doctor's and nurse's mistake.

On March 20, 2007, Dr. Mayank Patel performed surgery on David, but failed to remove a surgical clamp prior to closing the surgical site, according to the complaint filed Dec. 31 in St. Clair County Circuit Court.

A nurse, Ken Clements, provided medical services to David Kutz throughout the surgery, the suit states.

Because of Patel's and Clements's mistake, David required re-exploration and reopening of his wounds, experienced a delayed recovery and suffered injury, the suit states.

He also claims he sustained constant pain and suffering, incurred medical expenses and lost large amounts of money because of an impaired earning capacity.

Geri claims she lost consortium because of David's injuries.

Cardiothoracic Surgery Associates and St. Elizabeth's Hospital of the Hospital Sisters of the Third Order of St. Francis were negligent through their employees, according to the complaint.

In the eight-count suit, the Kutzs are seeking a judgment in excess of $400,000, plus costs.

Joseph A. Bartholomew and Bruce N. Cook of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville will be representing them.

St. Clair County Circuit Court case number: 08-L-670.

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