Trial Starts for Medical Malpractice Suit over Alleged Misdiagnosis

By Robert Carrier

Published on October 19, 2007

Fifty-seven-year-old Joseph Lamere was an avid bicyclist who was enjoying retirement when he suffered a mini-stroke, referred to as a transient ischemic attack, on Jan. 12, 2003. Lamere sought the advice of his health care provider, Dr. Charles Samos, and was told that he had a small brain tumor.

Lamere alleges in his lawsuit that Samos failed to diagnose the stroke and provide proper medical care. Lamere’s attorney, John Hopkins, says that Samos should have prohibited Lamere from exercising and prescribed medication that could have prevented the stroke from worsening.

Lamere's family claims that his medical bills have surpassed $300,000, and that his ongoing care costs upwards of $22,000 a year.

Samos' attorney, Jeffrey Glass, responded to the claims by saying that Lamere’s family has a history of strokes, and that in February 2003, Lamere was diagnosed with a hole in his heart. Glass said that there was nothing his client could have done to prevent Lamere from suffering a stroke, and that Lamere’s congenital condition could have ultimately been responsible for the stroke. Medical experts will be brought forward to offer testimony in support of the defense's position, Glass said.

The case is being tried in the Madison County courthouse by Associate Judge Tom Chapman, and is expected to last until next week.

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