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A 2-year-old boy is allowed to bring forth a medical malpractice suit against the doctor that misdiagnosed his father a month after he was conceived according to an appeals court. A doctor did not correctly identify colon cancer and instead diagnosed it as diverticulitis.

Judge Michael Gibbs should not have dismissed the suit brought on behalf of Joseph Brusa Jr. of Delavan whose father, Joseph Brusa Sr., died in November 2004, the appeals court said.

Gibbs wrongly concluded that Joseph Jr. can’t sue because he wasn’t born until 18 months after Dr. Robert Fasano allegedly misdiagnosed Joseph Sr.’s ailment.

The child is being allowed to sue for loss of companionship. The lawsuit claims that the doctor was negligent in his diagnosis.

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