Patient complains of mis-diagnosis in med mal suit

Steve Gonzalez Oct. 3, 2005, 12:13pm

Dennis Delaney filed a medical malpractice suit against James Lafata, M.D. in Madison County Circuit Court Sept. 30, seeking damages in excess of $50,000.

Delaney claims he sought treatment from Lafata for right shoulder pain on Oct. 13, 2000. He was given an x-ray and anti-inflammatory medication.

According to the complaint, Delaney saw Lafata four more times for shoulder pain. He sought a second medical opinion in September 2003, which resulted in a full thickness rotator cuff tear.

“Delaney’s delay in receiving appropriate treatment decreased the likelihood of his recovery and has caused him the lost chance of a complete recovery and instead left him with a permanent disability,” the complaint filed by Randy Gori of Edwardsville states.

Delaney claims Lafata fraudulently concealed the nature of his injury and the fact it had been misdiagnosed for three years, denying him the knowledge of existence of a cause of action against him until he was informed of the nature and severity of his injury.

According to the complaint, Lafata failed to provide skillful and specialized medical, surgical, and nursing care, failed to properly examine and diagnose Delaney in accordance with the standards of acceptable practice and failed to provide adequate treatment.

Delaney claims his ailment was not alleviated or cured but was greatly aggravated and worsened and suffered extreme complications and permanent injury from the lack of proper care.

The case has been assigned to Circuit Judge Nicholas Byron.

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