Man sues over allegedly delayed cancer diagnosis

By Dan Harkins | Jun 9, 2015


A man is suing a doctor and his practice for an allegedly long delay in diagnosing cancer.

Harry Lerner filed a complaint June 5 in Cook County Circuit Court against Dr. Frank Kelly and West Loop University Medicine Ltd.

On Nov. 14, 2012, and again on Sept. 5, 2013, Lerner complained to Kelly about blood in his stool. The defendants are cited with failing to adequately evaluate Lerner's gastrointestinal bleeding, refer the patient to a specialist, and diagnose his anorectal cancer.

As a result, cancer was not diagnosed in the patient until Nov. 1, 2013, when a physical exam and colonoscopy was performed by another doctor. The lawsuit states that this delay allowed for a substantial progression of the cancer "leading to complications and significantly increasing the risk of dying from the cancer.

The plaintiff, citing also medical expenses, lost income, disfigurement, loss of a normal life, pain and suffering, and a shortened life expectantcy, seeks damages in excess of $50,000, plus costs.

The plaintiff is represented by attorneys Donald A. Shapiro and Matthew R. Basinger of Donald A. Shapiro Ltd. in Chicago.

Cook County Circuit Court case number 2015L005733.

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