Dermatologist sued over man's basal cell carcinoma

Kelly Holleran Feb. 9, 2009, 8:33am

An Addieville man has filed suit against a St. Clair County doctor, alleging he had to undergo major surgery and lost part of his left ear after the doctor wrongly told him a cancer had not recurred.

Donald Moeser went to Dr. Stanley Librach for observation of basal cell carcinoma in his left ear prior to March 2007, according to the complaint filed Feb. 4 in St. Clair County Circuit Court.

Moeser told Librach he believed he had a recurrence of the lesion, but Librach repeatedly assured Moeser his belief was incorrect, the suit states.

However, on April 1, 2007, a different physician informed Moeser he had a severe recurrence of basal cell carcinoma, Moeser claims.

As a result, he was forced to undergo "radical surgery" to stop the cancer and lost a substantial portion of his left ear, according to the complaint.

Because of the surgery and the undiagnosed cancer, Moesser suffered disability and disfigurement and incurred medical costs, the suit states.

He also claims he experienced pain and suffering and lost his enjoyment of life.

Librach was negligent by failing to diagnose Moeser's basal cell carcinoma, by failing to refer Moeser to other physicians for the care of the cancer and by failing to provide proper margins in Moeser's previous surgery, according to the complaint.

Moeser is seeking a judgment in excess of $50,000, plus costs.

He is represented by James R. Williams of the Law Offices of Williams, Caponi, Foley and Eckert in Belleville.

St. Clair County Circuit Court case number: 09-L-0061.

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