Family of man who died of lung cancer sues

GRETNA – The family of a Jefferson Parish man is suing over a doctor's alleged failure to diagnose lung cancer.

Sharon Carter, Kristal Carter Wilcox and Tina Carter filed suit against Louisiana Medical Mutual Insurance Company and Dr. Stephen Layne in the 24th Judicial District Court on Feb. 15.

The Carter family claims Hubert Carter was taken to East Jefferson Hospital on April 26, 2010 with complaints of chest pain where he was treated by Layne and it was found by that he had a potentially life threatening condition due a blood clot in his lung. The plaintiffs allege that during the initial examination of Hubert it was noted that his lymph nodes were swollen and deserved a second look, but he was never told about this.

The Carter family asserts that because the blood clot was a dangerous condition doctors overlooked the swollen lymph nodes and instead focused on treating the more dangerous condition, which they did successfully before discharging him from treatment.

The plaintiffs claim that Layne should have made another appointment to see Hubert for a follow-up on the swollen lymph nodes, but did not and it was not until Oct. 19, 2010 that he noticed a lump in his neck and was later diagnosed with terminal lung cancer.

The Carter family alleges that due to the wait between the first sign of cancer and when it was diagnosed that Hubert had no chance to have it treated and subsequently died on Feb. 25, 2011.

The defendant is accused of medical malpractice.

An unspecified amount in damages is sought for physical pain and suffering, psychological pain and suffering, wrongful death, loss of chance of survival, funeral charges, loss of opportunity to make decision about the end of life and medical bills.

The plaintiffs are represented by Miles G. Trapolin of the New Orleans-based Trapolin Law Firm.

The case has been assigned to Division N Judge Carolyn W. Gill-Jefferson.

Case no. 723-901.