Published: August 18, 2008 09:42 am      

Couple sues Clinton doctor

CLINTON — An East Moline, Ill. couple has filed a lawsuit against Dr. Douglas T. Cody, an otolaryngologist of Clinton Ear, Nose and Throat Specialists in Clinton.



According to the petition-at-law filed July 30 in Clinton County District Court, Cheryl A. Leemans developed throat cancer in the fall of 2006 and in November 2006, Cody performed a laryngectomy to remove her voice box. Following the procedure, Leemans underwent chemotherapy and radiation therapy through April 2007. The petition states Leemans and her husband, Brian, asked Cody if she could have voice implant surgery to restore her speaking ability, to which Cody reportedly affirmed and recommended the procedure.



Leemans states Cody performed the artificial voice implant surgery on Aug. 26, 2007, but alleges he breached the standard of care by recommending she undergo a procedure when she was not a good candidate due to the effects of the radiation and chemotherapy. Leemans claims Cody failed to advise her she needed further recovery from the radiation and chemotherapy to allow regeneration of tissue in her neck before the implant procedure and failed to advise her of the risk of rejection and the risk of developing a hole in the fistula in the trachael esophageal area.



Leemans also claims Cody was negligent in failing to describe hyperbaric therapy treatments to regenerate tissue growth in the surgical area prior to the procedure and failed to advise her of of the need to undergo hyperbaric therapy prior to the implant.

The petition states Cody’s negligence in those areas led to the direct and proximate result that Leemans suffered severe and permanent injuries by way of developing an esophageal tracheal fistula and resulted in past and future substantial pain and suffering, medical expenses, severe permanent disfigurement, disability and lost wages in excess of $100,000 plus costs.



Brian Leemans is suing Cody for loss of consortium, society and companionship, at damages in excess of $10,000 plus costs.

Cody’s medical license currently is on suspension after he was investigated by the Iowa Board of Medical Examiners on charges of incompetence and neglect stemming from 2005.



On Nov. 10, 2005, the board filed formal disciplinary charges against Cody’s medical license, claiming Cody had engaged in a pattern of professional incompetency and practice harmful or detrimental to the public in his treatment of several patients. The charges alleged Cody failed to perform appropriate testing on patients, failed to provide appropriate post-operative care to patients and that he closed his medical office without providing appropriate notice to patients and without arranging for ongoing care.



The board held an evidentiary hearing on June 18 and 19, 2007, and issued a proposed panel decision on July 31, 2007. Cody and the state appealed the decision and the board held an appeal hearing on Jan. 16. In a final decision issued Jan. 28, the board concluded that Cody closed his medical practice without providing proper notice to patients, failure to provide appropriate treatment to numerous patients and engaged in a pattern of disruptive behavior in his medical practice.



Under the final decision, Cody’s medical license was suspended, but the suspension was stayed and would not take effect provided Cody successfully completed a board-approved disruptive physician evaluation, submitted a practice improvement plan and completed a board-approved record keeping course within 60 days of the decision. Cody was placed on probation subject to certain terms and conditions, ordered to pay $5,000 and issued a public reprimand.



Cody could not be reached for comment.