Galveston man incorrectly gets terminal lung cancer diagnosis, sues doctors
Linda Thomas of Thomas & Wan LLP in Houston
GALVESTON - Galveston resident Carlos Garcia alleges he was wrongly diagnosed with terminal lung cancer and has filed a lawsuit against his doctors.
According to a lawsuit filed April 27 in Galveston County District Court, Dr. Gary B. Weiss, Dr. Suzanne McClure and Hospice Care Team Inc. provided Garcia care and treatment that "fell below and deviated from the accepted standard of medical care."
The suit states Garcia was under the defendants' care since 2007.
"During that time period, the defendants misdiagnosed Carlos Garcia with terminal lung cancer, placed him on hospice, refused further diagnostic testing, placed him on high doses of addictive painkillers and allowed this to continue for years despite the fact that Mr. Garcia did not have lung cancer," the original petition alleges.
Garcia claims he became completely disabled and narcotic-dependent as a result of the the ordeal.
"These deviations from the standards of care by the defendants caused and substantially contributed to Mr. Garcia's complete disability and physical narcotic dependence," the suit says.
Garcia is seeking damages for physical pain, mental anguish, physical impairment and medical expenses.
A jury trial is requested.
Garcia is represented by Thomas & Wan LLP.
The case has been assigned to Galveston County 56th District Court Judge Lonnie Cox.
Case No. 12-cv-1130