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Medical Malpractice Lawsuit Filed Against IN Doctor Over Misdiagnosis

Posted on Tuesday, March 15th, 2011 at 3:53 pm    

A Indiana doctor has been named in a medical malpractice lawsuit filed by the family of a deceased woman who claim a misdiagnosis led to her death.

The lawsuit, filed by the family of Phyllis Barnes, is one of hundreds filed against former Merrillville, Ind., ear, nose and throat doctro Mark Weinberger. The lawsuit alleges the former doctor, as well as physician assistant Joe Clinkenbeard, negligently caused the death of Barnes in September 2004.

In the lawsuit, attorney Kenneth J. Allen claims Weinberger diagnosed Barnes with nasal polyps and a deviated septum, rather than the cancer she actually had. Allen argues Weinberger’s actions were not mistakes, but rather an international scheme to make money doing unnecessary surgeries.

Weinberger was indicted in December 2006 on criminal charges he billed insurance companies for procedures he didn’t perform. He plead guilty last October to 22 counts of health care fraud. He is also facing more than 350 state medical malpractice lawsuits.

If you need assistance with a similar medical malpractice lawsuit, please contact the Philadelphia Misdiagnosis Attorneys of Lowenthal & Abrams, P.C., by calling .

Medical Malpractice, Misdiagnosis Lawsuit Filed Against TX Hospital

Posted on Thursday, February 10th, 2011 at 7:54 pm    

The family of a deceased Texas woman has filed a medical malpractice lawsuit against a Houston hospital claiming a doctor’s misdiagnosis caused her death.

According to Harris County District Court documents, the estate of Kelly Lynn Benard is suing Houston Northwest Medical Center and emergency room physician Dr. Akash G. Bhagat. The lawsuit claims Benard began complaining about pain in her right elbow in November 2008. After multiple visits to a primary care doctor and an orthopedic specialist, Benard’s father took her to the emergency room at Houston Northwest Medical Center on December 2.

According to the complaint, Benard was seen by Dr. Bhagat and discharged the following day with orders to see an arthritis specialist. Hours later Benard was taken to Cypress Fairbanks Medical Center emergency room where she died that afternoon.

Benard’s family is seeking an unspecified amount of money in actual and compensatory damages.

To speak with an experienced Philadelphia Misdiagnosis Attorney, please contact Lowenthal & Abrams, P.C., by calling .

NY woman becomes addicted to morphine after misdiagnosis

Posted on Tuesday, September 28th, 2010 at 9:32 pm    

85-year old Ramona Jimenez of Long Island, New York went into Brookhaven Memorial Hospital in November 2008 for a severe stomachache.  Doctors diagnosed Jimenez with both stomach and lung cancer and estimated that she had two months to live.  Furthermore, Jimenez claims she was told that she was too old for chemotherapy and instead provided in-home hospice care.

For two years Jimenez stayed at home taking morphine for her supposed cancer.  Jimenez’s husband left her due to her addiction and deteriorating mental and physical state.  She stated, “When I started taking all the drugs, I went out of my mind.  They gave me a lot of morphine.  I couldn’t remember who I was”.

During the 18 months after her diagnosis Jimenez and her family asked nurses and the hospital for more tests which they denied.  Jimenez then went into Stony Brook University Hospital two years after the diagnosis only for doctors to tell her that there were no signs of cancer.

If you or someone you love has been the victim of a misdiagnosis, contact the Philadelphia misdiagnosis attorneys of Lowenthal & Abrams, P.C. at to learn more about your rights.