Plaintiffs intend to take deposition of defendant doc in med-mal suit

David Yates Dec. 14, 2010, 5:17am

The wife and daughter of a deceased man, who sued Dr. Vincent P. Murphy, Christus Hospital St. Elizabeth and Southeast Texas Medical Associates for his death in January, recently filed a notice of intention to take Murphy's deposition.

As the Southeast Texas Record previously reported, Patricia Gordy and Tammy Edelmon filed their suit Jan. 26 in Jefferson County District Court, claiming Dr. Murphy admitted Kirk Gordy to St. Elizabeth on Nov. 13, 2007, after diagnosing him with pneumonia.

At the time, Kirk Gordy also suffered from chronic obstructive pulmonary disease. A week later, on Nov. 21, 2007, Kirk Gordy sustained a serious fall while returning from the restroom, fracturing his left tibia and fibula, which required surgery.

Court papers show Kirk Gordy died On Nov. 28, 2007.

On Dec. 10 the plaintiffs filed a certificate of written discovery, notifying the defense that they intended to take the oral deposition of Dr. Murphy.

In their suit, the plaintiffs blame employees at the hospital for causing Kirk Gordy's fall, saying they failed to assess and supervise him and failed to implement proper procedures for fall prevention.

They also allege Kirk Gordy died because of contraindicated medications administered to him by doctors at the hospital.

According to the complaint, the plaintiffs name Southeast Texas Medical Associates as a defendant in the complaint because Dr. Murphy worked for the company at the time of Kirk Gordy's fall and death.

Sandee L. Hart of Orange represents the plaintiffs.

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

Dr. Murphy is represented by attorney Mark Calvert of Calvert & Associates.

Judge Bob Wortham, 58th District Court, is presiding over the case.

Case No. A185-789

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