Woman sues physican, Marshall University Board of Governors, others for husband's death

HUNTINGTON -- A woman is suing a Huntington physician, Marshall University Board of Governors, Cabell Huntington Hospital and Logan Hematology & Oncology for medical malpractice and her husband's death.

Beverly Rakes' husband, Scotty Rakes was Dr. Safique Ahmed's patient and on Nov. 29, 2007, he underwent a CT scan of his abdomen, which revealed a small anterior metastatic lymph node, according to a complaint filed March 9 in Cabell Circuit Court.

Ahmed ordered a full body PET scan, which found some hypermetabiolic uptake for which a laryngeal malignancy could not be excluded, according to the suit.

"Based upon the tests...and without any confirmatory laryngoscopy, Dr. Ahmed began to provide chemotherapy to Mr. Rakes on Jan. 21, 2008," the complaint states.

Mrs. Rakes claims her husband requested Ahmed refer him for a second opinion, and was referred to Cabell Huntington Hospital's Edwards Cancer Center.

"An ENT referral was provided and Mr. Rakes was scheduled for direct visualization of the abnormality noted in the CAMC PET scan. Dr. Ahmed provided a second series of chemotherapy to Mr. Rakes beginning Feb. 12, 2008," according to the suit.

On Feb. 27, 2008, Dr. Wade Douglas performed a laryngoscopy, which found there was a normal larynx and upper esophagus and that there was nothing to biopsy.

Despite Douglas' findings, Ahmed continued chemotherapy on Mr. Rakes with a third round running from March 3 until March 5, 2008, according to the suit.

Mrs. Rakes claims Mr. Rakes presented at Ahmed's office and was diagnosed with neutropenia secondary to chemotherapy and was admitted to Logan General Hospital, where he died on March 13, 2008.

Mrs. Rakes claims her husband underwent chemotherapy for cancer he did not have and that the chemotherapy was unnecessary.

Ahmed violated the applicable standard of car by diagnosing Mr. Rakes with cancer and beginning chemotherapy without undertaking appropriate confirmatory tests, Mrs. Rakes claims.

Mrs. Rakes is seeking compensatory damages for her husband's wrongful death. She is being represented by Arden J. Curry II and Pauley Curry.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 10-C-202