USA: Beaumont jury has found Baptist Hospitals of Southeast Texas and its doctors negligent while treating a patient leading to the paralysis of the patient. The jury has awarded a compensation of $59.7 million to the patient Kiet “Ricky” Tuan Do, who at age 33, was left permanently disabled due to the negligence of the doctors and the hospital.
The facts of the case are that the patient Do had a complaint of excruciating shoulder, neck and back pain and visited Christus Southeast Texas Mid-County Outpatient Center, a non-hospital freestanding clinic in Port Arthur for treatment. In the clinic, Do’s legs collapsed and a CT scan of his cervical spine and brain was performed but the results came back normal. The ER doctor diagnosed Do with rhabdomyolysis, a medical condition that occurs when damaged muscle breaks down and releases its contents into the blood. The patient was immediately transferred to Baptist Hospital in Beaumont of Southeast Texas for a neurological workup.
The patient alleged that Baptist Hospital records described Do’s symptoms as “moderate,” contrary to the excruciating pain nurses noted at Christus Outpatient. The patient further alleged that the hospital did not follow the protocols which included no immediate neurological assessments, no monitoring of the patient, a failure to perform a timely MRI. The patient was also critical of the fact that the physician responsible for Do’s care Dr. Girishkumar Kansara did no follow-up with. It is being alleged that even when Kansara decided for an MRI of Do’s rather than placing a high priority “STAT” he placed a “regular” order. After 20 hours of his admission the MRI was reviewed to reveal severe a extradural mass or bleeding on his cervical spine. Subsequently the patient Do’s was referred a tertiary hospital St. Luke’s Hospital in Houston where he was assessed and surgery was performed. The patient alleges that crucial 30 hours passed since his admission in Baptist hospital which lead to his permanent disability.
The jury observed that the Baptist Hospital was 90% at fault and Dr. Kansara was 5% at fault. A doctor who was no longer a defendant was cited as also 5% at fault. The jury said “Dr. Kansara was the internal medicine physician that ordered the imaging study that led to the correct diagnosis for this patient. While Dr. Kansara is deeply saddened by the patient’s outcome, he stands by the medical care he provided.” The jury held the hospital and doctor negligent and awarded a compensation of $59.7 million to the patient Kiet “Ricky” Tuan Do on account of permanent disability caused by the negligence of the doctor and the hospital.