Malpractice suit claims man died from neglect

David Yates Oct. 20, 2010, 4:43am

The widow of David Wharton claims her husband "lingered in the hospital alone" until he died from a heart of attack.

On behalf of her husband, Carla Wharton filed suit against Drs. Michael Rotenberg and Msonthi Levine on Oct. 12 in Jefferson County District Court.

Court papers show that on Feb. 15, 2009, Wharton was brought to Jasper Memorial Hospital with complaints of chest pain and nausea. He was transferred to Christus Hospital St. Elizabeth in Beaumont for a higher level of treatment and accepted by Dr. Rotenberg as a patient. The following day he was also admitted to the service of internist Dr. Levine.

"Over 13 hours after arriving at the hospital ... David Wharton went into cardiac arrest and pronounced at 2:15 p.m. on Feb. 16, 2009," the suit states.

"At no time ... was he medically attended to and treated by Drs. Rotenberg and Levine. David Wharton literally lingered in the hospital alone until his fatal arrest."

The suit alleges the doctors' neglect and care fell below the standard of care and accuses the defendants of gross negligence and malice.

Carla Wharton is suing for all wrongful death damages and her husband's mental anguish, medical expenses and pain.

She is represented by Houston attorney Jim Perdue Jr. of the Perdue & Kidd law firm.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B188-588

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