Wrongful death suit accuses Holy Cross Hospital, doctor of failing to diagnosis woman's gastric cancer earlier

A hospital and doctor are facing a wrongful death lawsuit over claims they failed to see signs of gastric cancer on a patient's scan.

Dwayne Toliver, as independent administrator of the Estate of Shirley Toliver, filed suit July 23 in Cook County Circuit Court against Holy Cross Hospital and Dr. Frank Marmo.

According to the complaint, Shirley visited the defendant hospital with complaints of abdominal pain and nausea on Feb. 14, 2011, when she had an abdominal CT scan that was read by Marmo and showed a ruptured gastric ulcer.

Toliver claims Shirley underwent surgery the next day and was released.

About a year later on Feb. 16, 2012, the suit states Shirley visited Holy Cross Hospital with the same symptoms. Following another scan, symptoms consistent with a gastric tumor were discovered and Shirley was diagnosed with Stage 4 gastric cancer. She died on  July 28, 2012, according to the suit.

Toliver is seeking damages and is represented by Chicago attorney Alexander M. Sukhman of Kralovec, Jambois & Schwartz.

Cook County Circuit Court Case No. 2014L007696.

This is a report on a civil lawsuit filed in Cook County Circuit Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.