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I.

WHEREFORE, all claims and causes of action herein, either separately, or in



conjunction, satisfy the jurisdictional amount of this Court as said claims and causes of

action are reasonably likely to exceed $25,000.00, plus interests and costs.

JURY TRIAL REQUEST

The Plaintiff claims a jury trial on all claims and causes of action.

Respectively Submitted, Charlene Alukonis,

By Her Attorney,

Stem, Keilty & Wall

One Salem Green, Suite 550 Salem, MA 01970

(978) 741-9200

BBO No. 636471

DATE: July 22, 2002

d:\clients\alukonis\complaint.doc

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At all times herein relevant, the Defendant, Dr. Campbell, represented and held himself out to be a Medical Doctor, skilled in the treatment of various illnesses and conditions, and in particular. represented to the Plaintiff, Charlene Alukonis, that he was knowledgeable. competent, and qualified to treat the Plaintiffs

condition.

3. During the time frame of October 1991 to September 1999, the Plaintiff, Charlene Alukonis, submitted herself to the care and treatment of the Defendant, Dr. Campbell, who by his negligence, carelessness, and lack of regard for the Plaintiffs health, care and well being, treated the Plaintiff in a manner resulting in her severe personal injuries.

4. The injuries sustained by the Plaintiff, Charlene Alukonis, were the direct and proximate result of the carelessness, unskillfullness, negligence, and improper care and treatment by the Defendant, Dr. Campbell, including, but not limited to the following:

a. Defendant, Dr. Campbell's misrepresentations to the Plaintiff that he was knowledgeable, skillful and competent to treat the Plaintiffs medical condition;

b. Defendant, Dr. Campbell's failure to adequately and properly treat the Plaintiffs medical condition, and his failure to prescribe proper and timely treatment for said condition;

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2. Defendant, Dr. Campbell's failure to recognize .. or have the knowledge to

recognize his inability to treat the Plaintiff. when the Defendant knew or

should have known in the exercise of due care., the foreseeable

consequences of his inability to properly and skillfully provide the

Plaintiff with acceptable medical treatment and services;

d. Defendant's failure to possess or negligent failure to exercise the same

degree of skill training, and care as is possessed by the average qualified

member of the medical profession taking into account advances in the

profession; and

e. Defendant's failure to inform and to warn of the risk involved in or

associated with the Plaintiff's treatment and failure to inform and to warn

about the treatment of said condition.

5. As a direct and proximate result of the Defendant, Dr. Campbell's negligence,

carelessness, and unskillfulness, the Plaintiff, Charlene Alukonis, was caused to

sustain severe and permanent personal inj uries; has incurred and will continue to

incur great expense for her medical, surgical, and hospital care and treatment; has

suffered and will continue to suffer great pain of body and anguish of mind; has

been and will continue to be hospitalized; has been and will continue to be unable

to pursue normal activities; and her ability to enjoy life has been permanently

adversely affected.

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-=-3..E?ORE. ~ P. 'miff Charlene Alukonis, demands judgment against the

~ . _~,) the a, eve-described personal injuries. together with interest

COUNT II INFORMED CONSENT

1.. The Plaintiff, Charlene Alukonis, repeats and reavers fully herein Paragraphs One

ugh Five of Count I of this Complaint as if each were set forth here in its

e tirety.

On or about October of 1991 through. September of 1999 average qualified members of the medical profession practicing the Defendant's specialty knew or should have known of the risks, potential consequences and alternatives to the Defendant, Dr. Campbell's, choice of treatment of the Plaintiff.

3. On or about October of 1991 through September of 1999, the Defendant, Dr.

Campbell, knew or should have known of the risks, potential consequences and alternatives to the Defendant, Dr. Campbell's choice of treatment of the Plaintiff.

4. On or about October of 1991 through September of 1999, the Defendant, Dr.

Campbell, did not inform the Plaintiff, Charlene Alukonis, ofthe alternatives to and risks and potential consequences of the Defendant, Dr. Campbell's, choice of treatment of the Plaintiff.

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,III

'-:::-ilic Defendant. Dr. Campbell. had informed the Plaintiff of the alternatives to

-5 and potential consequences of the Defendant. Dr. Campbell's. choice of

::e2. nt of the Plaintiff, neither the Plaintiff nor a reasonable person in her

posi ion would have elected the Defendant's choice of treatment.

6. The alternatives to and the risks and potential consequences of the Defendant's choice of treatment were material to a decision by the Plaintiff and a reasonable person in her. position as to whether to undergo the Defendant's choice of

trea ment.

As a direct and proximate result of the Defendant's failure to inform the Plaintiff, of the alternativ es to and risks and potential consequences of the Defendant's treatment, the Plaintiff was caused to sustain severe and permanent personal injuries; has incurred and will continue to incur great expense for her medical, surgical, and hospital care and treatment; has suffered and will continue to suffer great pain of body and anguish of mind; has been and will continue to be hospitalized; has been and will continue to be unable to pursue normal activities; and her ability to enjoy life has been permanently adversely affected.

WHEREFORE, the Plaintiff, Charlene Alukonis, demands judgment against the Defendant, Dr. Campbell, for the above-described personal injuries, together with interest and costs.

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