Poca man accuses Marmet physician of negligence

By Kyla Asbury | Jun 28, 2011

CHARLESTON -- A Poca man is suing a Marmet physician after he claims the physician failed to properly diagnose and treat his lung cancer.

On Jan. 7, 2007, Dr. Nilima R. Bhirud began caring for Shirley Chancey, according to a complaint filed May 24 in Kanawha Circuit Court.

Chancey claims Bhirud treated him for various medical problems, including problems with his lungs through June 2010.

Bhirud owed a duty to Chancey to skillfully, prudently and thoroughly diagnose, care, treat, advise and observe him in a manner as would a reasonably prudent physician who was confronted with and by similar conditions and circumstances, according to the suit.

Chancey claims Bhirud failed to properly diagnose and treat him in that he was suffering from moderately differentiated squamous cell carcinoma of the left lung, which remained undiagnosed until June 2009, even though a CT scan performed on April 10, 2007, revealed a mass in the left infrahilar region that was suspicious for neolasm.

The defendant failed to conduct proper or complete examinations of Chancey, according to the suit.

Chancey claims the defendant's negligence has left him disabled and forced to suffer impaired strength; has caused him to be severely disfigured due to extensive surgery; and has forced him to incur many medical and associated expenses.

Chancey is seeking compensatory damages. He is being represented by Rudolph L. DiTrapano, Robert M. Bastress III and Lia DiTrapano Fairless.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 11-C-855

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