Doctor who allegedly threw away biopsy sample faces suit

GRETNA – A man claims the diagnosis of his skin cancer was delayed by a year and a half because his doctor allegedly threw away a biopsy.

Zakaria Benslimane, and wife Hassina, filed suit against Kiran Zaveri M.D. and Louisiana Medical Mutual Insurance Company in the 24th Judicial District Court on April 1.

Benslimane asserts that on April 26, 2011 he visited Zaveri to have a mole removed to diagnose it for cancer. The plaintiff claims that rather than sending the specimen in to diagnose it for cancer the defendant discarded the biopsy and did not set up a follow-up examination with a specialist. Benslimane alleges that nearly a year and a half later on Oct. 23, 2012 another mole was removed from his back in the same area as the first by Zaveri that was sent to be examined and found to be positive for stage IV cancer.

The plaintiff asserts had the first mole been sent to be examined it may have not progressed.

The defendant is accused of failing to properly and timely evaluate the plaintiff, failing to properly evaluate the specimen, failing to followup on symptoms and failing to recommend the plaintiff to a specialist for a suspicious lesion.

An unspecified amount in damages is sought for mental anguish, loss of consortium and society, loss of services, loss of financial assistance and medically related expenses.

Benslimane is represented by Nakisha Ervin-Knott of New Orleans-based Gainsburgh, Benjamin, David, Meunier & Warshauer LLC.

The case has been assigned to Division B Judge Cornelius E. Regan.

Case no. 737-047.