Maryview Medical Center is suing a Suffolk physician and his Portsmouth medical practice to recoup partial losses paid out during a malpractice suit last year.

Maryview, in a suit filed recently in Suffolk Circuit Court, is alleging that Dr. John K. Chacko, a Suffolk resident, and Portsmouth Surgical Associates Inc. each owes $266,666.66 to the Portsmouth hospital.

The healthcare company, part of the Bon Secours Hampton Roads Health System, claims it is due the money because it overpaid its share of a December 2004 malpractice settlement, according to the suit.

In December, the hospital paid former Maryview patient Hammie McQuillia $400,000, 50 percent of the $800,000 settlement he was awarded by a Portsmouth Circuit Court jury last October.

The case stems from a July 2002 incident, when Chacko and his surgical team allegedly failed to remove a surgical towel used while operating on McQuillia, according to the suit. The documents indicated that Chacko

discovered the towel lodged in an abscess during exploratory surgery six months later after the patient complained of health problems.

The Portsmouth jury found that Chacko, Portsmouth Surgical and Maryview were each liable and that McQuillia was entitled to a total of $800,000, according to the suit.

But the three were in dispute, with Chacko and Portsmouth Surgical contending that Maryview should bear 50 percent of the settlement. Meanwhile, according to the suit, Maryview called for splitting the settlement expenses three ways, with each party kicking in $266,666.66.

According to the suit, in December 2004, when he never received any money, McQuillia initiated collection proceedings against the hospital, the medical practice and Chacko.

At that time, Maryview paid $400,000 to prevent the seizure of hospital assets, the suit indicated.

The hospital has filed suit against Chacko and Portsmouth Surgical to recover the difference it would have paid had the settlement been split three ways.

Efforts to reach the attorneys representing Maryview and Portsmouth Surgical were unsuccessful. Chacko’s office referred calls to the surgical practice’s attorney.

allison.williams@suffolknewsherald.com