Lawsuit: Doctor didn't tell patient he had cancer

Lyndsay Markley

Lyndsay Markley

A Chicago woman is contending in court that a doctor neglected to share test results showing her father had cancer, which later killed him.

According to her lawsuit, urologist Dr. Alan Sadah, told Edward Hines he was cancer-free after removing a tumor on his bladder in early 2011. A week later, a pathology report told a different story; Hines had bladder cancer. According to the lawsuit Sadah didn't inform Hines.

In this interview Chicago attorney Lyndsay Markley tells LBN's Scott Drake the elements of this case which appears to be one of the first of it's kind.

As part of the lawsuit, another physician reviewed the treatment Hines received.  The physician says Hines should have been warned about bladder cancer's high recurrence rate and the need for extensive follow-up therapy. 

EEOC Lawsuit Charges Employer Wellness Program Violates ADA

Orion Energy Systems in Wisconsin faces an EEOC lawsuit alleging they violated federal law by requiring an employee to submit to medical exams that were not job-related but were part of the employer’s wellness program. After objecting to the program the employee was later fired.

Clark Hill attorney Kristi Gauthier says the EEOC typically files opinion letters over these matters. "This is the first time they have filed a lawsuit." Gauthier also said the EEOC was undoubtedly waiting for a case like this to challenge these programs.

The EEOC brought the suit under Title I of the Americans with Disabilities Act (ADA), which prohibits disability discrimination in employment, after first attempting to reach a pre-litigation settlement through its conciliation process. The case, (EEOC v. Orion Energy Systems, Civil Action No. 14-cv- 00619) was filed in U.S. District Court for the Eastern District of Wisconsin, and is assigned to U.S. District Judge Chief Judge William C Griesbach.

The EEOC's Chicago District Office is responsible for processing discrimination charges, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.

The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. 

How "Yelp Bill" Could Affect Your Business

Companies that retaliate on consumers who post negative reviews could now be fined thousands of dollars. 
Californias newly signed "Yelp Bill" also prohibits companies from including nondisparagement clauses in consumer contracts. Scott Michelman, an attorney with Public Citizen, a nonprofit consumer advocacy firm, says this law will make it easier for consumers to speak honestly about their experiences with a company, but this doesn't make companies powerless.  Other states are likely to follow California's lead.