Malpractice suit claims wrong type of treatment given to breast cancer patient

David Yates May 16, 2012, 5:27am


Houston resident Addie Akins has filed suit against Dr. Gaylon Gonzales, alleging the Beaumont physician failed to administer the correct type of care for her breast cancer.

According to the petition filed May 10 in Jefferson County District Court, Akins was referred to Gonzales in September 2010 for evaluation of a right breast mass. On Dec. 9, 2010, Akins underwent a right breast lumpectomy and axillary lymph node dissection.

Pathology showed low-grade invasive ductal carcinoma, according to the suit. Thirteen lymph nodes were negative for malignancy. Post-operatively, Akins developed lymphedema and continues to undergo treatment, which includes lymphatic drainage, vasopneumatic pumping, exercise, diet and nutritional counseling, the suit states.

"The standard of care for breast cancer patients with clinically negative lymph nodes is to perform sentinel lymph node biopsy at the time of the lumpectomy ... instead of an axillary lymph node dissection," the suit states.

Akins alleges Dr. Gonzales did not adequately observe, diagnose and treat her and the failure to perform the correct procedure has caused her personal damages.

The plaintiff is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Houston attorney Steven Davis of Davis & Davis represents her.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E192-433

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