A Corinth man whose podiatrist cut off the wrong toe at St. Joseph Hospital two years ago has sued the doctor, his practice and the hospital in Penobscot County Superior Court in Bangor alleging that their negligence left him without part of his left leg.
John R. Killinger Jr., 54, and his wife, Heidi Killinger, 46, both of Corinth, claim that Dr. Adam W. Darcy, Acadia Foot & Ankle and St. Joseph Hospital failed to follow universal safety protocols to identify the correct surgical site.
The Killingers are seeking unspecified damages for medical expenses, loss of earnings and loss of earning capacity, pain and suffering, emotional distress, and permanent impairment.
In their answers to the complaint, Darcy and his Bangor practice admitted amputating the wrong toe but denied causing complications that allegedly led to the amputation of John Killinger’s left leg below the knee.
“What is in dispute is the amount of the damages Mr. Killinger is entitled to and to what extent did negligence on his part contribute to his injury,” said Phillip M. Coffin III, the Portland attorney who represents Darcy and his practice.
The hospital denied any responsibility for the alleged injuries in its answer to the complaint. Its attorney, James F. Martemucci of Portland, declined to comment on the case.
The Killingers’ attorney, Travis Brennan of Lewiston, said Tuesday that it was too soon to comment.
John Killinger went to the emergency room at St. Joseph Hospital on June 1, 2017, for an infection on the bottom of his right foot, according to the complaint, which was filed April 17. He had an MRI of that foot done the next day.
Darcy saw John Killinger on June 5, 2017, and discussed the amputation of the toe on his right foot, according to the complaint.
The next day, “Dr. Darcy and [the hospital] operated on the wrong foot and amputated the wrong toe and bone,” the complaint said.
The physician and the hospital discovered the mistake after the surgery was completed. On June 7, 2017, the correct toe on John Killinger’s right foot was removed.
During his recovery, he experienced an infection on his left foot and fractured the remaining toes on both his feet, according to court documents. He later had all of the toes on his left foot amputated and, eventually, his left leg below the knee. Information about when the final surgery took place is not included in court documents.
The Killingers are seeking a jury trial. That is not expected to be scheduled until late this year or early in 2020.