Kelly Holleran Sep. 17, 2012, 7:19pm

A woman has filed suit against the doctor who she claims failed to properly perform surgery on the varicose veins in her legs.

Peggye Powell claims she began seeing defendant Dr. Charles J. Rodman, who worked for defendant Vein Centers of Texas, in December 2006 to treat the varicose veins in her legs.

On June 16, 2010, Dr. Peter Morgan, another of the VCT physicians, performed a surgery on Powell’s veins known as a right small saphenous vein ablation with radiofrequency fast closure catheter.

Following the procedure, Powell claims she experienced a severe burning sensation in her right lateral foot to heel area that was accompanied by sharp jolts of pain, according to the complaint filed Aug. 29 in Jefferson County District Court.

Powell visited defendant Morgan for a follow-up visit. In turn, he referred her to a primary care physician, who prescribed Powell Neurontin, which is a medication normally prescribed to relieve pain such as hers, the suit states.

Subsequently, Powell had an ECG performed on Dec. 7, 2010, which revealed nerve damage, the complaint says.

On Jan. 4, 2011, Powell claims she underwent a procedure known as a right sural nerve block. However, that only alleviated swelling but did nothing to reduce the pain she was experiencing, according to the complaint.

Because of her continued pain, Powell’s doctors recommended she undergo a second surgery, which was performed on Oct. 10, 2011, the suit states.

“This surgery revealed that Mrs. Powell had suffered significant damage to her right sural nerve with discorrelation of the nerve focally; that the area of the injury of the nerve actually looked black as if it was burned,” the complaint says.

Powell claims she continues to suffer from excruciating pain to her legs, which will likely affect her for the remainder of her life.

Because of the treatment the defendants provided, Powell suffered mental anguish, pain, suffering, disfigurement and physical impairment; incurred medical costs; and lost her enjoyment of life, according to the complaint.

Morgan negligently failed to provide a timely diagnosis of Powell’s medical conditions, failed to provide proper medical care to Powell, failed to timely diagnose Powell, departed from the accepted standards of medical care and failed to provide health care assessment to treat Powell’s injuries, among other negligent acts, according to the complaint.

Vein Centers and Rodman negligently failed to properly govern the quality of medical care provided to Powell, failed to properly govern the treatment provided by medical staff, failed to properly govern the quality of assessment provided by medical staff and failed to govern the medical professional associations provided to Powell, the suit states.

Powell is seeking an unspecified judgment, plus attorney’s fees, pre- and post-judgment interest, costs and other relief the court deems just.

W.P. Evans of The Evans Law Firm in Austin will be representing her.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Case No. E192-972

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