Bladder Cancer Patient Not Informed of Malignancy--Whose Fault?

A Chicago man who died of bladder cancer was not informed of the malignancy by a doctor who knew of it, according to a medical malpractice lawsuit pending in state court in Chicago. The lawsuit is discussed and explained in this report by Lyndsay Markley, who represents the man’s daughter in the litigation.

Lyndsay Markley

Lyndsay Markley

Markley says that Edward Hines was treated by a Dr. Alan Sadah, a urologist, who did a biopsy on a tumor removed from Hines’s bladder. Markley says that the doctor gave the patient an “all clear” indication before the information from the biopsy was received. Because of this, Hines took no further steps to investigate what the situation was with the bladder.

In fact, Hines came back to the same medical center two weeks later for treatment of blood in his urine, and he was not told at that time that the biopsy results showed a malignancy. Because Hines received no warning of a problem, he went on about his life with no further concern about a possible cancer. A year later, when Hines visited another doctor, he found out about the cancer, but at that point it was too late for treatment, and he died some time later. He filed the medical malpractice suit before his death, and his daughter has taken up the lawsuit.

As Markley notes, “it’s a classic case of he said versus he said.” But if a patient is told that he has a benign tumor, it is not likely that he is unlikely to follow up. The doctor’s side of the case suggests that the patient should have been responsible for following up and getting another opinion. One big issue in this case is the standard of care: Whose responsibility is it to follow up on medical advice?

Chicago-based Attorney, Lyndsay Markley, has dedicated her legal practice to fighting on behalf of persons who suffered injuries or death as the result of the wrongful or careless conduct of others. For her work as a victims’ advocate, Ms. Markley has received an array of accolades, including selection to the Top 100 Trial Attorneys in Illinois and a Top 40 Under 40 Trial Attorney for 2012-2014 by the National Association of Trial Lawyers. She has also been acknowledged by her colleagues as an Illinois’ Rising Star in 2013 -2014 (SuperLawyers’ Magazine) and as a Top Women Lawyer in Illinois in 2014 by Super Lawyers and Chicago Magazine. Lyndsay's commentary was hosted by The Legal Broadcast Network, a featured network of Sequence Media Group.

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