Plaintiff files affidavit in Christus med-mal

David Yates Nov. 16, 2010, 4:42am

Christus Hospital St. Elizabeth, Beaumont

Jessy Green, a plaintiff in a medical malpractice suit against Christus Hospital St. Elizabeth, recently filed an affidavit in the hope of substantiating his claims.

Court papers claim Green was a Christus patient who allegedly fell and aggravated a leg injury on the way to the bathroom.

Christus sought to have the case dismissed, arguing that Green's medical expert reports were groundless.

On Sept. 20, Jefferson County 136th District Court Judge Milton Shuffield ruled that Green had 30 days to amend his medical expert reports or face having the case dismissed.

In its motion to dismiss, Christus objected to the expert reports of nurse Sandra Brannan and neurologist Dr. Erwin Lo.

Under Chapter 74 of Texas Civil Code, plaintiffs are required to submit an expert report when filing a medical malpractice claim.

In an affidavit filed Oct. 12, Green says Dr. Lo has told him that the back pain he now suffers from is a direct result of the fall.

According to the petition, on Feb. 8, 2008, Green was admitted to Christus St. Elizabeth for a left knee total arthroplasty.

The morning after the knee surgery, Green used his call button for assistance to the bathroom. He claims no one came and he had to lay in bed until a woman came by to pick up his breakfast tray.

"When Green told her what was occurring and that he needed to go to the bathroom, she decided to assist him," the suit states. "Unfortunately, on the way to the bathroom both she and Green fell, which disrupted the surgical wound and necessitated a second procedure."

In its motion to dismiss, Christus claims nurse Brannan "is not a physician and is therefore barred by statute from giving opinions as to causation," and that Dr. Lo's report fails to show that he is familiar with nursing standards and procedures.

As of Nov. 15, there are no further rulings on the matter.

Green is suing for past and future medical expenses, impairment and mental anguish.

He is represented by Houston attorney Craig Lewis.

Christus is represented by Houston attorney Erin Lunceford of the Sprott, Rigby, Newsom, Robbins & Lunceford law firm.

Case No. D186-646

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