Fayette man sues Charleston physician, practice for medical negligence

By Kyla Asbury | Feb 10, 2010

CHARLESTON -- A Fayette County man is claiming a Charleston physician and his practice failed to properly diagnose his cancer and is suing for medical malpractice.

In September 2002, Rodney K. Fox sought medical care and treatment from Kidney Associates and Dr. Jonathan M. Zuniga, according to a complaint filed Jan. 20 in Kanawha Circuit Court.

Fox claims he was seen by the defendants approximately 20 times between September 2002 and January 2008.

Fox claims because of continuing unresolved medical issues, he was examined by another physician in January 2008 and was diagnosed with cancer of the bladder on Feb. 7, 2008.

The defendants were negligent in that they failed to properly diagnose Fox's cancer, perform tests to determine cancer and realize significant changes in Fox's blood tests, according to the suit.

As a result of the defendants' negligence, Fox claims he suffered damages that would not have occurred with a timely diagnosis, including the loss of his bladder, prostate and other body parts; disfigurement; physical and emotional pain; medical bills and expenses; lost wages and/or lost earning capacity; and the loss of enjoyment of life.

Fox is seeking damages in an amount to be determined by a jury. He is representing himself.

The case has been assigned to Circuit Judge Charles King.

Kanawha Circuit Court case number: 10-C-109

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