On behalf of Hastings Law Firm P.C. posted in Failure to Diagnose on Wednesday, September 30, 2015.
Inmates across the country, including in Texas, have the right to receive the medical care they need. MobilexUSA Inc., a company that provides mobile imaging services done by X-ray technicians and sonographers, along with doctors, is facing a medical malpractice lawsuit. The suit was filed in a U.S. District Court by an inmate in a minimum security state correctional institution, alleging professional negligence and delayed diagnosis.
The complaint states that the defendant performed an upper gastrointestinal test when the plaintiff complained of bowel problems toward the end of 2013. It is alleged that the doctor failed to accurately read the images that showed a gastric mass. Due to the failure to diagnose the condition, the plaintiff claims to have developed anemia that led to him having to undergo a blood transfusion two months later. Furthermore, the suit claims that a later endoscopy indicated that the plaintiff had developed metastatic gastric cancer, requiring him to undergo radiation and chemotherapy.
The defendants are accused of allowing inadequately qualified personnel to perform diagnostic tests, thereby failing to detect clearly evident abnormalities. The inmate alleges he was subjected to emotional distress, intense pain and the loss of a better outcome due to the delayed diagnosis. He alleges that his dire situation could have been avoided had the consultant conferred with qualified specialists.
Every Texas resident has certain rights. Along with the right to medical care of an acceptable standard, a victim of medical negligence or delayed diagnosis also has the right to retain the services of an experienced medical malpractice attorney. A lawyer can examine the allegations and determine whether a viable claim exists. Such a claim may then be litigated in a Texas civil court, and recovery of medical expenses and other documented losses may be sought.
Source: pennrecord.com, “Former inmate sues doctor, alleging failure to diagnose gastric cancer”, Sept. 24, 2015