Class action lawsuit claims unnecessary surgeries were performed

CHARLESTON, W.Va. (WSAZ) – A class action lawsuit is claiming two doctors at CAMC performed unnecessary surgeries.

Charleston attorney Ben Salango’s firm is one of three representing patients in the case. He says the number of patients involved is approximately 250.

“They believe they placed their trust in the hospital, and their trust was violated,” Salango said.

A complaint filed in April stated that hernia surgeries were performed during bariatric weight loss surgeries, and the two doctors who performed them had not obtained informed consent from the plaintiffs. The complaint also said the defendants concealed that the procedures were performed.

“There was definitely financial incentive for the doctors and the hospital,” Salango said.

He said statistically nationwide, 1 in 5 patients who have a bariatric procedure will also receive hernia repair.

“In this instance, in well over 100 patients we looked at, every single one received a hernia repair,” Salango said.

Salango said letter from CAMC has been sent to some of the plaintiffs. It says during the patient’s visit, the doctor performed a hernia repair procedure that “may not have been medically necessary.”

The letter also said, “We take this matter very seriously and have already taken affirmative steps to address this situation.”

The letter tells the patients if they or their insurance company have been charged, the charges will be reversed.

“You don’t want to subject patients to an unnecessary procedure,” Salango said. “Not only does it increase the risk, it increases anesthesia time and potentially can lead to terrible results.”

WSAZ reached out to CAMC for comment. A spokesperson said they don’t comment on pending litigation, but they did confirm the two doctors are no longer practicing at CAMC.

Salango says the next step will be starting the discovery process, which will involve obtaining hospital records and getting sworn testimony. That’s expected to begin in the next 90 days.

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