The family of a woman who died in 2004 after a misdiagnosis of cervical cancer was persistent in their efforts to get justice for her in their medical malpractice lawsuit. The case was originally dismissed for lack of substantial evidence, but they refused to give up. They recently presented new evidence of fraud on behalf of the negligent doctor and won another day in court.
Parminder Kaur Bhatia was a patient of Dr. Anuradha Kollipara for several years, dating from 2000 through 2004. The final time Bhatia was treated by Dr. Kollipara in April 2004, she was complaining of fatigue and an irregular menstrual cycle. Her husband and daughter were present and they claim that at no time was Bhatia advised to have a Pap smear, a test designed to detect cervical cancer.
She was later diagnosed with the condition, but by then it was too late. She died a few months later at the age of 46.
The original lawsuit was dismissed mainly because medical charts submitted by Dr. Kollipara showed that on several occasions she had recommended that the patient schedule a Pap smear. Based on this evidence, the original judge overseeing the case felt that the doctor was not at fault for Bhatia’s death.
Bhatia’s family refused to give up, however, and hired a forensic document examiner to take a closer look at the medical records in question. Shockingly, it was discovered that a different pen had been used on three of the six reports where the Pap smear recommendations were referenced, indicating that the physician had tried to alter the documents to make it appear that she had, in fact, suggested the patient be tested.
Because of the persistence of Bhatia’s family, the evidence was enough for a judge to grant them a new trial.
If you have tried in the past to file a medical malpractice lawsuit but have been unsuccessful, it may benefit you to discuss your situation with a skilled medical attorney to determine if you still have a chance to seek justice for yourself or your loved one.
