Shoals woman blames HIMG, doctor for husband's death

By Kyla Asbury | Apr 5, 2011


HUNTINGTON -- A Shoals woman is suing HIMG and a Huntington physician after she claims they are responsible for her husband's death.

On Dec. 26, 2006, Earl R. Davis and Dr. Robert S. Childers entered into a patient/physician relationship, according to a complaint filed March 9 in Cabell Circuit Court.

Childers continued to treat Davis up until and during his admissions to St. Mary's Medical Center on Jan. 4 and Jan. 17, 2010.

Jerry S. Davis claims at no time prior to her husband's admissions to the hospital did Childers or HIMG recommend to or advise him to undergo a colonoscopy or any type of colon cancer screening, nor did they obtain a history regarding whether he had ever had a colonoscopy.

On Jan. 4, 2010, Mr. Davis presented to St. Mary's with jaundice and abdominal distention, where it was discovered that he had colon cancer, according to the suit.

Mrs. Davis claims her husband died on Jan. 28, 2010, as a result of advanced colorectal cancer at the age of 70.

The defendants failed to timely obtain a prior medical history; failed to timely recommend colorectal screening and colonoscopy; failed to timely perform or refer Mr. Davis for colorectal screening; failed to appropriately recognize and investigate the source of Mr. Davis' anemia; and failed to otherwise provide appropriate care and treatment, according to the suit.

Mrs. Davis is seeking damages for medical expenses; pain and suffering; loss of enjoyment of life; mental anguish; loss of consortium; loss of household services; loss of earning capacity; and pre- and post-judgment interest. She is being represented by William L. Mundy and Debra A. Nelson.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 11-C-128

More News

The Record Network