Malpractice Suit Claims Surgeon Performed Unnecessary Operation

By Daniel Hawn

Published on September 06, 2005

In May 2004, Dr. Mark Capener, an ear, nose and throat specialist, performed sinus surgery on Doug Harmel to correct a deviated septum. A week later, Harmel found himself in intense pain and had to be taken to the critical care unit of a local hospital.

Harmel later filed a lawsuit against Capener alleging malpractice. The lawsuit claims that Capener accidentally pierced Harmel's skull during the surgery. According to the lawsuit, the injury caused Capener to develop bacterial spinal meningitis, a potentially fatal condition that occurs when the spinal cord fluid becomes infected.

Harmel claims that he suffers from nerve damage, short-term memory loss, as well as a loss of taste and smell.

Since he underwent the surgery, Harmel said he has been to other doctors who claim that the procedure may not have even been necessary.

In his lawsuit Harmel is asking for $1 million in damages.

Capener is scheduled to give a deposition on September 7.

In unrelated matters, Capener is charged with 38 counts of healthcare fraud and 13 counts of mail fraud in Elko, Nevada, where he worked prior to starting his practice in Idaho Falls in 2002.

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