Negligence suit filed against physician by Fort Bend County residents over man's cancer death

By Kristine Gonzales-Abella | Oct 12, 2018

HOUSTON – Fort Bend County residents have filed a suit against physician over the death of their husband and father in January.

Zandra Diaz, individually and as representative of Marcelino Diaz, deceased and Alexander Diaz filed a complaint on Sept. 19 in the Harris County District Court against Kevin T. Marks, MD and Kevin T. Marks, MD PA alleging medical negligence.

According to the complaint, Marcelino Diaz presented to the emergency department of Memorial Hermann Health System on Sept. 21, 2016, and was admitted the same day with a preliminary diagnosis of gastrointestinal bleeding.

The suit states Marks performed a procedure on Marcelino Diaz on Sept. 22, 2016, and diagnosed him with a gastric ulcer with hemorrhage and that the cause of the ulcer was unclear.

The suit states in November 2017, Marcelino Diaz was diagnosed with stage IV adenocarcinoma of signet ring cell type and died on Jan. 21. 

The plaintiffs hold Marks responsible because the defendant allegedly failed to timely diagnose Marcelino Diaz's medical condition, perform appropriate diagnostic testing, failed to recommend further treatment and intervention and failed to prevent further complications.

The plaintiffs request a trial by jury and seek monetary relief of more than $200,000 but less than $1 million and such other and further relief to which they may be justly entitled. They are represented by Michelle A. Ciolek of Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz in Houston.

Harris County District Court case number 2018-65813

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Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz Harris County District Court

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