Bladder Cancer Lawsuit: Failure to Treat and Lack of Informed Consent

A Chicago man who died of bladder cancer was not informed of the malignancy by a doctor who knew of it, according to a medical malpractice lawsuit pending in state court in Chicago. Attorney Lyndsay Markley, representing the daughter of the victim, Edward Hines, has recently filed a sixth amended complaint in this lawsuit, discussed in an earlier report on LBN. In this report, Markley explains the allegations newly added to the complaint.

Lyndsay Markley

Lyndsay Markley

The new complaint adds lack of informed consent as an additional count in this case, in which Mr. Hines died of bladder cancer for which he was not treated. Markley explains that a typical informed consent case involves a situation where a doctor fails to inform a patient of all the risks associated with a surgical procedure, thus denying the patient the opportunity to make an informed decision to have the procedure or not. In this case, Markley says, the failure to tell Hines about the cancer denied him the opportunity to seek treatment for it in a timely fashion.

The lawsuit is against the doctor and also the hospital, West Suburban Medical Center, Inc. The allegation against the doctor and the hospital is the same under the theory of respondeat superior. Markley explains that hospital-driven care is “care that is provided [to a patient] at the request of someone in the hospital.” The typical situation arises when a patient who is in the hospital for a particular procedure by a particular doctor needs to have some other procedure, and the hospital provides the doctor, with whom the patient does not have a relationship. However, the patient likes that hospital and thus is content to have that doctor. Hospitals are increasingly advertising to provide these services, and doctors associated with the hospital will advertise their connection with the hospital to take advantage of the hospital’s good reputation in gaining new patients.

Markley is not aware of any case exactly like this one with this hospital or others. One reason for this is that settlements are frequently confidential, so little or no information is available about precedents for this case. Markley is concerned that both the doctor and the hospital have tried to distance themselves from having a relationship with a patient on whom they performed a biopsy.

Chicago-based Attorney, Lyndsay Markley, has dedicated her legal practice to fighting on behalf of persons who suffered injuries or death as the result of the wrongful or careless conduct of others. For her work as a victims’ advocate, Ms. Markley has received an array of accolades, including selection to the Top 100 Trial Attorneys in Illinois and a Top 40 Under 40 Trial Attorney for 2012-2014 by the National Association of Trial Lawyers. She has also been acknowledged by her colleagues as an Illinois’ Rising Star in 2013 -2014 (SuperLawyers’ Magazine) and as a Top Women Lawyer in Illinois in 2014 by Super Lawyers and Chicago Magazine. Lyndsay's commentary was hosted by The Legal Broadcast Network, a featured network of Sequence Media Group.