The Herald, Sharon, Pa.

Local News

August 31, 2008

Local doctor's malpractice case moved to federal court

By Joe Pinchot

SHENANGO VALLEY — A local doctor has had a medical malpractice lawsuit moved from county court to federal court, and he is seeking to be dismissed from it.

Sonual and Ruth Williams of New Castle filed the suit Feb. 20 in Mercer County Common Pleas Court against Dr. Robert W. Piston and Specialty Orthopaedics, Hermitage; Dr. James Ezi-Ashi and the corporation Sagar V. Vallabh MD PC, Hermitage; Dr. Ravindra K. Sachdeva and SRPS General Surgical Specialists, Hermitage; Drs. Charles D’Auria and Joseph J. Conti, Hermitage; and Sharon Regional Health System.

Williams went to the hospital of Sharon Regional Health System on Jan. 24, 2006, for knee replacement surgery by Piston.

Afterward, he developed a fever and digestion problems. When he did not get any better, Sachdeva performed exploratory surgery and found the beginning of Williams’ large intestine had twisted on itself, causing an obstruction, gangrene and a small tear.

Williams developed liver failure and respiratory problems, and his family had him transferred to Allegheny General Hospital, Pittsburgh, where he was treated for pneumonia, pancreatitis and other problems, including those diagnosed in Sharon.

He left Allegheny General March 7, 2006, for a long-term care and rehabilitation center, and was allowed to go home May 4, 2006.

The Williamses allege the doctors and related companies failed to assess his condition and/or to order proper diagnostic testing, to diagnose the problems or treat him.

Williams said he suffered permanent physical injuries; pain and suffering; mental anguish and embarrassment; disfigurement; loss of earnings, life’s pleasures and independence; and other harm.

Mrs. Williams said she has suffered the loss of consortium and her husband’s comfort, society and services.

The doctors and affiliated corporations and Sharon Regional denied the allegations in answers filed in Mercer County court.

On Aug. 19, the U.S. Attorney’s Office, Pittsburgh, had the suit moved to U.S. District Court and asked that the federal government be substituted as a party for Sachdeva.

Sachdeva is an employee of Primary Health Network, Sharon. Because Primary Health receives federal funds, its employees are considered federal government employees for coverage under the Federal Tort Claims Act, said Assistant U.S. Attorney Michael C. Colville.

This week, Colville asked that Sachdeva and the government be dismissed from the suit because the Williamses had not filed a claim with the U.S. Department of Health and Human Services prior to filing the suit.

Judge Arthur J. Schwab has ordered the parties to respond to Colville’s request by Sept. 11, and file answers to the suit by Sept. 18.

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