CAPE GIRARDEAU — A married couple are suing a physician and his employers, citing alleged medical negligence by not informing the patient of her condition sooner.

Nancy M. Heffner and Alton J. Heffner filed a complaint on May 9 in the U.S. District Court for the Eastern District of Missouri Southern Division against Dr. Rajesh Malhotra, Tusk Enterprises, LLC and Rhino Medical Staffing LLC, alleging that the defendants failed their duty of providing reasonable care to patients as members of the medical profession.

According to the complaint, the plaintiffs allege that on March 27, 2013, Nancy Heffner was sexually assaulted when she went to Dr. Malhotra for followup advice, care and treatment due to shortness of breath and chest pain. St. Francis Hospital first to diagnosed her with pulmonary hypertension, which referred her back to Malhotra. As a result of the visit with Malhotra, she was not notified of her condition, which caused her to have a reduced life expectancy from approximately 15 years if she had been notified and treated sooner to a two- to five-year life expectancy, the complaint states.

As a result, Nancy Heffner claims she suffered emotional distress and medical expenses while her husband Alton Heffner suffered the companionship and support of his wife. 

The plaintiffs holds the defendants responsible because the defendants allegedly failed to act sooner informing plaintiff of her condition so she can be treated early, failed to properly review the background of medical physicians and failed to disclose material information relating to defendant Malhotra's dangerous proclivities.

The plaintiffs request a trial by jury and seek judgment in excess of $75,000 for actual and punitive damages, plus costs, pre and post-judgment interest, and for such other and further relief as the Court deems just and proper. They are represented by Richard K. Dowd of Dowd and Dowd PC in St. Louis.

U.S. District Court for the Eastern District of Missouri Southern Division Case number 1:17-cv-00075-SNLJ

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U.S. District Court for the Eastern District of Missouri Southeastern Division
555 Independence Street
Cape Girardeau, MO 63703

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