Woman blames doctor, hospital for negligent care of breast lump

David Yates Jun. 10, 2008, 7:50am

More than two years ago, Lainey Bean sought medical consultation for a lump on her breast. Now, Bean claims the doctor and hospital who tended to her negligently subjected her to "further testing and multiple surgical procedures."

Bean filed suit against Dr. Kevin Dean and Southeast Texas Surgical Associates June 9 in the Jefferson County District Court.

According to her petition, on March 28, 2006, Bean sought medical care from the defendants for a lump in her breast, as well as follow-up care.

"As the result of Defendants' breach of the standard of care, Plaintiff suffered injuries and damages, including but not limited to further medical care, testing, and multiple surgical procedures,"

The suit does not give specifics on Bean's treatment or the defendants' alleged negligence.

A letter to defendant Dr. Dean attached to the suit does not give much more insight. All the letter says is, "� Bean was treated by you for a lump in her breast. As a result of your negligence, Ms. Bean suffered injury and damages."

The suit goes on to list the following acts of negligence allegedly committed by Dr. Dean and the hospital:

  • Failure to perform and conduct the proper tests to accurately detect the condition of Plaintiff;
  • Failure to render and provide reasonable medical care under the circumstances;
  • Failure to exercise the required degree of skill required by a medical practitioner under the circumstances;
  • Failure to properly recognize, diagnose, and treat appropriately the condition of Plaintiff;
  • Failure to administer or prescribe the appropriate tests to adequately and appropriately recognize, diagnose, and treat the condition of Plaintiff;
  • Failure to recognize and report warning signs and signals and then proceed appropriately in light of the dangers and risks;
  • Failure to properly interpret tests and/or studies regarding Plaintiff;
  • Failure to use indicated and available laboratory, diagnostic, and/or consulting facilities;
  • Failure to perform surgery in a timely manner so as to avoid further and additional injury; and
  • Failure to properly monitor Plaintiff's condition and timely notify physicians of changes thereto.

    Bean is suing for past and future medical expenses, impairment, mental anguish and loss of income, plus attorneys' fess.

    She is represented by attorney Brian Sutton of the Sutton and Jacobs law firm.

    Judge Bob Wortham, 58th Judicial District, has been assigned to the case.

    Case No. A181-892

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