A Wichita family says a mistake by a local hospital killed their loved one, and are filing a wrongful death lawsuit.

Tim Dieker's family is taking legal action against Via Christi, asking for damages of several million dollars. The family says Dieker died because of a horrible mistake.

Dieker was 41 years-old when he was admitted to St. Francis Hospital on July 16, 2006. Four weeks later, he died. In the wrongful death lawsuit, Dieker's family blames the medical staff for his death.

The suit claims gross negligence, inattention, and recklessness... saying Dieker suffered horribly before his death.

"There is no justification for a medical error," says Don Anderson, an attorney for the family. "Especially under these circumstances."

According to the hospital report written by the operating doctor, surgeons were doing a lung biopsy on Dieker to see if he had an infection. The report says the doctor was handed a syringe that he assumed contained Lidocaine, an anesthetic that he ordered.

The doctor injected the medicine into Dieker's lung. That's when the report says the patient began to cough violently. The nurse then discovered she had inadvertently drawn formaldehyde into the syringe instead of Lidocaine.

"When formaldehyde is injected into the human body it's very dangerous," says Anderson. "It is deadly."

Via Christi officials declined to comment, saying it's premature because they haven't seen the lawsuit.

KAKE News obtained Dieker's autopsy report, which shows bacterial pneumonia in his lungs consistent with Legionnaires Disease. The report does not mention formaldehyde.