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On the morning of March 12, 2002, plaintiff Thomas Dockery, 34, a cable splicer for a telecommunications provider, was admitted to Peninsula Hospital Center in Queens. Dockery had suffered a seizure and had undergone an overnight medical evaluation that included a CT scan. Dockery suffered a massive brain swelling. The doctors misdiagnosed the cause as a glioma and did not discuss the possibility of infection as the cause. It turned out that it was an infection that could have been easily treated right then and there. The misdiagnosis caused a delay in treatment leaving massive brain damage.
On March 25, doctors performed a craniotomy. During the procedure they observed that the area of the lesion was occupied by pus. The material was excised and the lesion was finally determined to be an abscess, not a tumor. In November 2002, Dockery underwent a cranioplasty, performing a replacement of what had been removed from the skull.
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