Man claims Girling neglected foot injury

John Suayan, Galveston Bureau Jun. 4, 2008, 5:17pm

GALVESTON – Common knowledge dictates that when people sustain injury, they go to the doctor, receive appropriate treatment, and go on their way. Such was not the case for a local man with a bum foot.

Jonathan Campbell blames an Austin-based health care company and one of its employees for exacerbating an existing injury he originally requested the latter to remedy.

According to a lawsuit filed in Galveston County District Court on June 2, Campbell hurt his foot as a result of an undisclosed incident and sought the services of Girling Health Care Inc.

The medical facility Campbell visited here, however, did not properly tend to his needs.

"Mr. Campbell was receiving nursing care services from Girling Health Care for a wound on his foot," explains the original petition. "Because of the negligence and failure to render appropriate care, Mr. Campbell's medical condition deteriorated and he suffered permanent injuries.

"Defendant…failed to exercise the requisite degree of skill and care ordinarily exercised…and was negligent. Each of the acts and/or omissions of the Defendant, as alleged herein…constituted negligence and proximately caused Plaintiff to undergo pain, suffering, and significant impairment."

The suit states Campbell "had to undergo additional medical treatment including surgery" because of the company's alleged wrongdoing.

The medical worker assigned to Campbell, whom the suit identifies as Jane Doe Nurse, is listed as a defendant alongside Girling Health Care Inc.

"Plaintiff hereby invokes doctrines of resondeat superior and vicarious liability to the extent his injuries were proximately caused by the acts or omissions of servants and employees of the Defendant acting within the course and scope of their employment."

Campbell and attorney Tobias A. Cole seek actual, punitive, and exemplary damages from Girling Health Care, Inc. and the unnamed nurse. They applied for a trial by jury.

The case has been assigned to Judge John Ellisor, 122nd District Court.

Case No. 08CV0563

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