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Two Doctors Slapped with Malpractice Suit from another Physician


Charleston, WV – Two doctors and a hospital have had a medical malpractice lawsuit filed against them by another city physician, who is alleging improper treatment and negligence.

Dr. Jan H. Cunningham and his wife, Lynn, are listed as the plaintiffs in the lawsuit that was filed on May 7, 2008 in Kanawha County Circuit Court. The lawsuit cites Thomas Memorial Hospital, Dr. Richard Fogle, and Dr. Hossam Tarakji. Cunningham was treated by these doctors at Thomas Memorial between the dates of April 8 and May 9.

According to the lawsuit, Cunningham, a gynecologist, was admitted to the hospital in order to have abdominal surgery. Tarakji is a house physician and internist at the hospital and Fogle, a Tennessee physician, was working in the hospital because he is licensed to practice medicine in West Virginia.

Malpractice Lawsuit Claims Inadquate Care

The lawsuit alleges that the two physicians and the hospital did not provide Cunningham with medical care that was safe, proper, or adequate. It also contends that he did not receive proper advice and assessment, was not properly monitored, and that his treatment was not correct. Cunningham also alleges that the surgical procedure that was performed was not safe and appropriate.

Cunningham says that he developed an infection after the surgery. The infection eventually led to severe abdominal pain that was debilitating. He further claims that he had a decrease in consciousness and that he experienced septic shock that was overwhelming. The lawsuit says that these physical conditions were allowed to deteriorate to the point in which he was placed on a ventilator and required additional surgeries.

As a result, Cunningham’s claims involve the suffering of physical and mental pain, physical injury, medical bills, and emotional distress. The lawsuit also says that these are issues that he will continue to suffer into the future. Cunningham also says that he has lost income, permanent disability, and permanent disfigurement.

The lawsuit does not detail the type of abdominal surgery that Cunningham had. The attorney for Cunningham said he did not want to speak about it.

Circuit Court Judge Paul Zakaib will hear the case.

Contacting a Medical Malpractice Attorney

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