Stephen M. O'Brien III, PLLC - Personal Injury Attorneys
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Woman sues after husband dies of liver cancer

A woman has filed a wrongful death lawsuit against Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc., and Southern California Permanente Medical Group. The lawsuit alleges that it was the defendants’ failure to diagnose her husband’s liver cancer before it reached the terminal stage that lead to his death. In addition, the lawsuit alleges the defendants’ did not treat the man according to the applicable standard of care.

According to the complaint, the man was diagnosed in 2003 with cirrhosis and hepatitis, but not with liver cancer, nor was he monitored for the development of liver cancer. The cancer was not diagnosed until 2011 and by then, the cancer was terminal, although he underwent intensive medical treatment for the disease. He died in 2012 and was only treated by the defendants’ in the lawsuit. The woman alleges in the lawsuit that she has been left with medical bills that are quite significant because her husband was not able to work due to his illnesses.

The lawsuit claims the treating physicians were negligent and this negligence not only resulted in the man’s death, but also in intensive medical treatments once the terminal cancer was diagnosed. The plaintiff seeks damages for medical expenses, as well as the loss of love, comfort, care and moral support, along with other claims. The amount of the general damages being sought in the case is unspecified and to be proven at trial.

If you or a loved one has been injured because of a physician’s failure to diagnose in Kentucky, you should contact an attorney experienced in medical malpractice. There are civil remedies that can be pursued to hold those who are negligent responsible for such actions. These types of cases require skilled representation to ensure that your rights are protected and to inform you of all the options available in your case.

Source:, “Kaiser accused of failing to diagnose liver cancer” Tish Kraft, May. 01, 2013

O'Brien Batten & Kirtley, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Paris, Bourbon County, Fayette County, Jessamine County, Scott County and Woodford County.

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