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COOK COUNTY RECORD

Wednesday, April 17, 2024

Patient alleges belated cancer diagnosis

Stalexiusmedicalcenter

St. Alexius Medical Center

A female patient and her husband are suing the doctors and medical institutions she alleges should have diagnosed her cancer much sooner.

Carol and Jose Delagarza filed a complaint June 15 in Cook County Circuit Court against Dr. Mark E. Dubin, Dr. Ashish Patel, Dr. John F. Bochniak and Dr. Mark Dubin, as well as Horizon Medical Center, St. Alexius Medical Center and Radiological Consults of Woodstock Inc., alleging negligence.

According to the complaint, on Sept. 29 and Oct. 6, 2008, Carol Delagarza complained to Patel of dry heaves, diarrhea and right upper quadrant pain, and Oct. 9, 2008, she underwent a CT scan which showed a midabdominal lymphadenopathy, mesenteric lymphadenopathy and thickening of the distal ileum.

Between April 5, 2006 and May 20, 2014, the lawsuit states, Delagarza continued to complain of abdominal pain and diarrhea, however, Patel continued to treat her with a regimen of anti-anxiety, pain and anti-anemic drugs. Finally, the lawsuit states, on March 10, 2014, Delagarza was to have hip surgery but it was canceled because of a fast heart rate.

A CT scan then found "a mass in the distal ileum as described which has increased in size since the previous examination" as well as "multiple hepatic lesions which have significantly increased in size and number since the prior examination." On May 20, 2014, the plaintiff finally obtained a needed lobectomy, the suit says.

The suit says the defendants' negligent acts meant Delagarza's cancer diagnosis was delayed, "allowing the cancer to become more advanced, requiring extensive medical and surgical treatments including chemotherapy, resections, radiation and hormone therapy, pain and suffering, disfigurement, increased risk of cancer recurrence, decreased survival, probable death from cancer and other personal and pecuniary injuries."

Delagarza seeks damages in excess of $1.05 million, plus costs. She is represented by Raymond and Raymond of Schaumburg.

Cook County Circuit Court case number 2015L006037.

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