Medical malpractice trial over premature surgery to begin Tuesday

David Yates Jul. 9, 2007, 11:13am

The medical malpractice trial of Darlene Spears vs. Dr. Carl J. Beaudry and Christus Health Southeast Texas is slated to begin in Judge Donald Floyd's 172nd District Court on July 10.

According to the plaintiff's third amended petition, Spears claims Dr. Beaudry should have "put off" her surgery, knowing that she was infected with a "known pathogen" that could cause her harm.

"Plaintiff was not a viable candidate for surgery and surgery should have been put off," the suit said. "Had surgery been put off until plaintiff's ongoing health issues were resolved, then the damages would not have occurred."

The suit does not state the time and date of Spears' surgery, or why she was undergoing surgery.

The jury will hear the plaintiff's claim that Dr. Beaudry failed to meet the standard of care by:

Failing to acquire informed consent;

Failing to obtain pre-operative medical clearance;

Failing to obtain proper infectious disease consults prior to surgery, even though it was known that plaintiff had a positive culture of a known pathogen;

Failing to obtain adequate culture with sensitivities prior to placing plaintiff on antibiotics;

Failing to perform wound exploration and debridement; and

Failing to properly treat and care for plaintiff.

Spears is suing for past and future pain, mental anguish, medical care, physical impairment and physical disfigurement.

She is represented by attorney Todd W. LeBlanc.

Case No. E-173-298

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