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Alleged failure to diagnose cancer led to man's death

When a relative in West Virginia dies due to the carelessness of a hospital charged with taking care of him or her, this facility may be held liable for the death. In another state, a widow has filed a medical malpractice lawsuit, alleging that a hospital's failure to diagnose his cancer in a timely manner led to his death. The man died from cancer of the lung.

According to the woman's complaint, her husband began to cough up blood and had to be transported to the hospital when he was 60. He was then made to undergo scans and X-rays. The person who did the scans reportedly told the man that it looked as though he had cancer. However, physicians diagnosed the man with an infection of the lung and prescribed medication for him.

The man went to a hospital again later due to coughing up blood. Over the next few years, his health reportedly continued to worsen even as medical staff kept running tests and giving him medication. A biopsy was eventually done and showed that he had stage 3 cancer that was slow moving. He received chemotherapy and radiation along with enduring more scans and tests, and he was later found to have two brain tumors that were bleeding. The woman's husband died at 63 years old.

The woman is seeking $40 million as part of her medical malpractice suit. If a medical facility's failure to diagnose a loved one's medical condition in West Virginia leads to the family member's death, it is within the rights of the surviving family members to file a malpractice suit against the hospital, seeking damages. Liability needs to be established in a manner that pleases the court before claims for damages can be determined.

Source:, "Widow alleges VA hospital failed to timely diagnose late husband's lung cancer", Karen Kidd, May 10, 2016

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