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MADISON - ST. CLAIR RECORD

Friday, April 26, 2024

Couple sues doctor for failing to refer husband for further treatment

Lawsuits

EDWARDSVILLE — An Illinois couple has filed a lawsuit against the husband's doctor and the practice he works at for medical malpractice and loss of consortium. Jerry and Karen Brokaw filed the suit against Rajinder Mahay, M.D. and Granite City Physicians Corp. (Heartland Health Care) in the Circuit Court of Madison County Third Judicial Circuit.

The lawsuit claimed Mahay and Hearltland Health Care didn't refer Jerry Brokaw to an otolaryngologist after undergoing a 2012 CT scan for a nodule on his neck that noted a 4-millimeter contrast where the nodule was located. Three years later Mahay ordered Jerry Brokaw to undergo another CT scan. It again spotted the nodule and the radiologist performing the scan recommended consultation of an otolaryngologist; however, Mahay didn't refer him to one. Three more years passed by and after another scan in 2018 Mahay referred Brokaw to an otolaryngologist. That same year Brokaw underwent a right parotidectomy and then a total parotidectomy. He was then required to undergo radiation and other treatments to address the malignant tumor. 

The suit alleged that Mahay, his employees, and Heartland Health, broke a standard of care by failing to properly review Brokaw's 2012 CT scan, not ordering additional tests, and failing to refer him to an otolaryngologist in both 2012 and 2015. Brokaw claims that as a result, he's had to endure extensive medical treatment including surgeries and will have to continue to do so in the future.  He also said he has suffered serious permanent damage to his neck and body plus has lost wages from employment and will continue to do so since his earning capacity has been diminished. 

Brokaw's wife Karen said as a result of her husband's injuries, she's become indebted for the costs of medical care and has been deprived of care, comfort, support, and companionship of her husband. She too is seeking more than $50,000 in damages.

Madison County Circuit Court case number 20-L-236.

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