Messina v. Gabriel

DECISION OVERRULING DEFENDANT’S MOTION TO DISMISS; PRELIMINARY PRETRIAL CONFERENCE SET

RICE, District Judge.

This cause arose out of the allegedly negligent diagnosis by Defendant Speros Gabriel, D.O., of Plaintiff Pamela Messina. Plaintiffs allege that in July, 1975, Defendant began treating Plaintiff. During the course of this treatment, Plaintiffs allege that Defendant misdiagnosed Plaintiff as having cancer. As a result of this misdiagnosis, Plaintiff underwent two, unnecessary surgical procedures. Further, Plaintiffs allege that Pamela never did have cancer but that she did not discover…