CHARLESTON, W.Va. (WTRF) — A Fayette County man is suing Charleston Area Medical Center, claiming doctors there told him they removed his ruptured appendix when they did not, according to the West Virginia Record.

The man, Dallas Settle, filed suit December 2 in Kanawha Circuit Court. His attorneys call the treatment Settle received at CAMC “atrocious.”

Settle is represented by diTrapano, Amanda Davis and Christopher Hedges of Calwell Luce diTrapano in Charleston and by Dr. Richard D. Lindsay and Richard D. Lindsay II of Tabor Lindsay & Associates in Charleston, according to the West Virginia Record.

Settle was first seen at Plateau Medical Center on November 1, 2020 for abdominal pain and was told there that he needed surgery but that the facility did not have staffing for this.

He then went to CAMC where Dr. Richard Umstot Jr. took him as a patient. He was also evaluated by physicians Pierre Charbonniez and Brandon Wilkinson at CAMC. While at CAMC, Settle had multiple exploratory laparotomies. Settle claims he was told his ruptured appendix was removed but that Umstot told him that his appendix still was intact.

Settle’s medical condition deteriorated and he returned to Plateau Medical Center then was finally referred to Cleveland Clinic where he was treated and remains a patient.

He is asking the court for damages for pain and suffering and medical expenses along with punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief, according to the West Virginia Record.

This case was assigned to Circuit Judge Jennifer Bailey.