According to the Huffington Post the wife of late comedian Bernie Mac filed a wrongful death lawsuit Thursday against Mac’s longtime Chicago doctor.

Rhonda McCullough filed the suit in Cook County Circuit Court, accusing dermatologist Rene M. Earles of keeping her husband at his clinic for nine hours on July 17, 2008, when he should noticed signs of respiratory failure and called an ambulance. Mac died weeks later from pneumonia.

Dr. Earles  spoke with The Sun-Times spoke and this is what he said:

“He walked in, he looked a little weak and I said, ‘Bernie what’s wrong?’ and he said, ‘I had a little cold and a doctor at Northwestern gave me an injection for it.’ ”

Earles didn’t know what the injection was for, but he didn’t believe Mac was in good enough shape to undergo therapy to treat lesions on his head, face and neck caused by his inflammatory lung disease, sarcoidosis.

The Doctor let Mac rest for a couple of hours.

Earles had treated Mac’s lesions regularly for 20 years, and let Mac rest for several hours after the treatment. He realized something was wrong after Mac woke up:

“It seemed to me he was having a drug reaction to whatever the doctor gave him at Northwestern that day,” the doctor told the Sun-Times. He then called Mac’s doctor at Northwestern, who told him the comedian had been diagnosed with bilateral pneumonia–and should have been in the hospital.

A driver then took Mac, or Bernard McCullough, to the hospital He died from pneumonia complications on Aug. 9, 2008. He was 50 years old.

The lawsuit says that Earle “failed to recognize cardiopulmonary instability in Bernie” and “failed to recognize and act upon abnormal vital signs and signs of respiratory failure.”

McCullough is seeking at least $50,000 in damages.

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