Kyle Barnett Dec. 5, 2013, 5:12pm

GRETNA – A local doctor is being sued by a woman he treated after she underwent brain surgery.

Shanie Cognevich, and husband Timothy, filed suit against Jose M. Simon M.D. in the 24th Judicial District Court on Nov. 14.

Cognevich asserts that in 1998 she was in a car accident in which her right eye was blinded when her air bag deployed and afterward she was treated by a neurology clinic. The plaintiff alleges she began experiencing worsening headaches, an unsteady gait and multiple falls before she collapsed and was rushed to West Jefferson Emergency Department on July 24, 2010. An MRI at the time found that the plaintiff had a large cystic lesion and a tumor in her brain for which she underwent surgery for removal. Cognevich claims that following the surgery a pathologist concluded that no definitive evidence of a lesion was found and only benign tissue was found, rather than a tumor, in the dissected tissue. The plaintiff asserts that despite two pathology reports that show no evidence that the tumor was removed and a later MRI that was viewed by Simon showed a potential tumor, she was not made aware of the issue.

The defendant is accused of failing to ensure the practice had a specific system in place to follow up on abnormal test results, failing to have an accurate and organized medical record, failing to communicate negative findings, failing to appropriately assess and investigate pain and ongoing neurological symptoms, failing to exchange critical information relative to symptoms and failing to properly develop and update the plaintiffs condition required a plan.

An unspecified amount in damages is sought for excruciating pain, mental anguish, loss of enjoyment of life, physical pain and suffering, loss wages, medical expenses, travel expenses for obtaining medical treatment, prolonged hospital stay, multiple emergency department visits and financial costs of physician consultations.

Cognevich is represented by Marcus P. Lacombe of Lake Charles-based The Townsley Law Firm.

The case has been assigned to Division H Judge Glenn B. Ansardi.

Case no. 732-913.

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