A Texas widow is suing a radiology practice and two doctors after the death of her husband. She filed the suit both as an individual and as a representative as the man’s estate. The medical malpractice suit, which was filed with Jefferson County District Court, came about after her husband sought medical help for a cough an shortness of breath.
Reports say that the man died from metastatic carcinoma in February 2013. The practice had previously performed a CT scan in December 2011, and the two physicians named in the lawsuit disagreed on the diagnosis. According to the claim, neither doctor diagnosed the cancer from the CT scan.
As a result, the woman has already retained legal counsel and is seeking damages that may range from $200,000 to $1 million. These would include court costs, actual damages, exemplary damages, and pre-judgment and post-judgment interest. The suit claims that the both doctors and Radiology Associates of Beaumont were negligent.
Other individuals who are negatively impacted by medical malpractice may be able to file similar claims against the individuals believed to be at fault. A lawyer familiar with malpractice litigation may be able to help a client filing suit determine the extent of the damages suffered and also determine if the client should pursue exemplary damages. The lawyer might also be able to help a client develop a case that may be presented in court. That case may contain information that suggests the negligence of the defendants. In the case above, this may include the use of independent medical experts who might review the results of the CT scan to determine if the cancer could be diagnosed in 2011.
Source: The Southeast Texas Record, “Widow says radiologists made wrong diagnosis“, Melody Dareing, March 07, 2014
