A Dayton resident is suing a Beaumont physician and his practice, claiming the doctor failed to report the findings of an MRI that would have detected her lung cancer two years earlier.

Katherine Meguess filed the suit against Dr. Craig Charleston and Coastal Pain Care on Feb. 2 in Jefferson County District Court.

According to the lawsuit, on Aug. 26, 2008, Meguess underwent an MRI "which was interpreted to show a possible 9mm right lung pulmonary node."

The MRI report was forwarded to Meguess's attending physician, Dr. Charleston, who allegedly "failed to advise Meguess of the MRI findings" and failed to preform any follow up treatment, the suit states.

On Oct. 12 Meguess was diagnosed with small cell lung cancer, which she alleges could have been managed earlier if Charleston reported his findings and ordered more tests.

Her chances of survival are less than 50 percent, the suit claims.

Meguess is suing for medical expenses, impairment and mental anguish.

She is also asking the court to declare Texas civil law medical-malpractice damage caps unconstitutional.

Beaumont attorney Clay Dugas represents her.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A189-300

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