Malpractice suit claims woman should not have been discharged from nursing home

John Suayan, Galveston Bureau Oct. 7, 2010, 10:57am

GALVESTON - Clay and Ricky Kilgore have filed a $5.5 million lawsuit against Dr. Firoozeh Saheb Kar, Baywind Village and Enterprise Ambulance for the death of Jeanie Kilgore.

The estate of Jeanie Kilgore argues that Kar knowingly and intentionally violated the doctor-patient trust when the physician discharged the woman without providing alternative medical care. The suit filed Sept. 30 in Galveston County District Court also alleges Baywind Village and Enterprise Ambulance deliberately assisted with the discharge.

Jeanie Kilgore died at Clear Lake Regional Hospital on Oct. 5, 2008.

The Kilgores placed Jeannie Kilgore in Baywind Village on Sept. 16, 2008. At the time, she was suffering from dementia and Parkinson's Disease, which greatly incapacitated her, according to the original complaint.

Court papers state that Kar discharged Jeannie Kilgore two weeks later even though her condition necessitated constant supervision by a qualified person. The suit claims Kar instructed Baywind Village and Enterprise Ambulance to transfer her to a facility in League City without her permission.

Her survivors allege there was no one at the home to care for her, especially when Jeannie Kilgore aspirated vomit on Oct. 2, 2008.

The suit says an employee found her struggling to breathe on the floor. She was rushed to Clear Lake Regional Hospital where she remained in a coma until her death three days later.

Attorney Keith Gross of League City is representing Clay and Ricky Kilgore.

The case has been assigned to Galveston County 212th District Court Judge Susan Criss.

Case No. 10-cv-3760

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