Courtesy Andrew Chontos

The third medical malpractice lawsuit against a former North Platte physician was settled out of court last week for an undisclosed sum.

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Julie J. Hays and her husband, Bryan, filed a lawsuit against Dr. Andrew Chontos in Lincoln County District Court in 2006.

According to the lawsuit, Chontos allegedly performed cosmetic surgery on Julie Hays’ abdomen while she was suffering an infection.

The lawsuit says on Sept. 18, 2003, Chontos drained fluid from Julie Hays’ abdomen. The fluid was infected, according to the suit.

The lawsuit said Chontos then removed fat from her lower abdomen, which created a large wound, exposing Hays to ongoing infection, which eventually led to further surgery to remove the infected mesh.

Immediately following surgery, Hays suffered complications, which left her with a large amount of blood in her abdomen.

The lawsuit says Hays suffered serious injuries, required further surgery, and suffered significant pain and physical disfigurement. The lawsuit sought $55,000 in medical expenses, future medical expenses, disability, and lost and future lost wages.

The lawsuit was settled May 12 and approved by the court May 17. The terms of the settlement are confidential, according to court records.

Two other medical malpractice lawsuits against Chontos have also settled out of court this year.

William “Bill” Cotton, 59, sued Chontos for malpractice after having to have a part of his foot amputated. The lawsuit, filed in 2005, said Chontos performed an artery bypass on Cotton’s left leg above his knee, then failed to recognize and treat an infection that developed.

The lawsuit was scheduled to begin in April but was resolved, according to sources close to the case. The amount of the settlement was not released.

Chontos also settled with the family of Alice Wilcox for a reported $400,000 in March. Their lawsuit, which claimed Chontos operated on her needlessly, was also filed in 2005.

Chontos faces two other medical malpractice lawsuits locally, including one that ended in a mistrial in January.

Darrell Keeney, the husband of Catherine Keeney, filed a lawsuit against Chontos in 2004 after his wife died in 2003. The case went to trial in January after a Lincoln County jury of eight women and four men were selected.

On the second day of testimony, a question presented by Keeney’s attorney, James Welch of Omaha, brought howls of disapproval from the defense.

Welch attempted to enter into evidence Chontos’ medication history for the past 10 years. But before Welch could enter Chontos’ medication history into the record, William Tannehill, Chontos’ attorney from Lincoln, objected.

Welch and Tannehill had agreed that Chontos’ medical history was not relevant in the case before the trial. Tannehill had sought and received a protective order on the evidence, which Welch had signed.

Tannehill called the mention in court highly prejudicial to his client.

The introduction of the evidence caused Lincoln County District Judge John Murphy to declare a mistrial and set another trial. Murphy said it was the first time in 24 years on the bench that he’s ever had to declare a mistrial.

The Keeney verses Chontos case is now set to go to trial later this year in Keith County and is scheduled to last three days.

The date is flexible because Chontos, a member of the South Dakota National Guard, is scheduled to go to Iraq as a physician, according to Tannehill. He said Chontos was scheduled to leave May 10 and not return until July 24.

Chontos will be working on wounded and sick servicemen in Operation Iraqi Freedom.

The other malpractice case filed against Chontos:

• David Seals of North Platte filed a lawsuit against Chontos and Chris Cottrell in court Sept. 14, 2006 claiming that the two doctors performed an unnecessary operation and in doing so, made it impossible for him to wear his prosthetic leg. Cottrell has relocated to Texas. No trial date has yet been set.