Home Medical Malpractice Cancer Suit Is Malpractice, Not Chance Loss, Judges Say

Cancer Suit Is Malpractice, Not Chance Loss, Judges Say

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By Mike Curley (September 12, 2022, 4:51 PM EDT) — A Michigan appeals court has revived a suit alleging a woman died of cancer because her doctors didn’t diagnose her symptoms properly, saying the parties and trial court had wrongly treated it as a “lost opportunity” suit instead of a traditional malpractice claim.

In an opinion published Thursday, the panel majority reversed a summary judgment that ended Michael Benigni’s suit against Dr. Samir Alsawah and Huron Medical Center Inc. over the death of his wife, Patricia Benigni, saying the trial court must go back and examine it as a medical malpractice suit.

According to the opinion, Patricia Benigni was first diagnosed…

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