Louisiana Record

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Family of man who died from lung cancer sues doctor for not paying attention to warnings signs of cancer

By Louisiana Record reports | May 20, 2015

Photo medical malpractice

GRETNA – The family of man who died from cancer after his doctor less than a year after his doctor allegedly failed to properly diagnose him with the disease are claiming medical malpractice.

Dorothy Silbernagel, individually and in her capacity as surviving wife of of C.L. Silbernagel, and Charles Silbernagel, Rhonda Silbernagel, Jeffrey Silbernagel and Eric Silbernagel, individually and in their capacity as surviving children of decedent C.L. Silbernagel, filed suit against Glenn P. Kelly M.D. and Louisiana Medcial Mutual Insurance Company in the 24th Judicial District Court on April 8.

The plaintiffs contend that on Oct. 15, 2012 their father and husband C.L. Silbernagel went to the emergency room at East Jefferson Hospital complaining of fainting, nausea, vomiting and weakness in his left arm. The Silbernagels assert Kelly was the cardiologist who treated C.L. Silbernagel and on Oct. 23, 2012 ordered a CT scan of the his left arm where the radiologist noted an inflamed lymph node that may have been a sign of cancer.  However, the plaintiffs claim Kelly did not read the entire report and signed off on it without following the radiologist’s recommendation that he be tested for cancer.

The Silbernagels allege that on March 29, 2013 C.L. Silbernagel returned to East Jefferson Hospital complaining of chest heaviness and was diagnosed with small cell undifferentiated carcinoma with numerous tumors that had metastasized throughout his body including in his adrenal gland and liver. On July 17, 2013 the plaintiffs contend C.L. Silbernagel died from lung cancer.

The defendant is accused of medical malpractice.

An unspecified amount in damages is sought for pain and suffering and medical expenses.

The plaintiffs are represented by Jacques F. Bezou of Covington-based The Bezou Law Firm.

The case has been assigned to Division L Judge Donald A. Rowan Jr.

Case no. 748-489.

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