Doc non-suited from malpractice suit over breast cancer treatment

By David Yates | Jun 25, 2013

A defendant physician has been non-suited from a medical-malpractice lawsuit over the treatment of a breast cancer patient.

As previously reported, Houston resident Addie Akins filed suit against Dr. Gaylon Gonzales on May 10, 2012, in Jefferson County District Court, alleging the Beaumont physician failed to administer the correct type of care for her breast cancer.

Court records show that on June 11 Akins filed a motion for non-suit, stating she no longer wished to prosecute her claims against Gonzales.

The following day, Judge Donald Floyd, 172nd District Court, granted the motion.

The suit alleges that 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.

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

She was 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.

Attorney James Boston Jr. of the Houston law firm Boston & Hughes represents Dr. Gonzales.

Case No. E192-433

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