Defendant doc objects to deposition subpoena in malpractice suit

David Yates Aug. 18, 2011, 11:24am

A physician in a medical-malpractice claim over a man's toe amputation is fighting to keep her deposition off the record.

As previously reported, William Riley filed a medical malpractice suit against Podiatry Associates of Southeast Texas and Drs. Debra Lusk and Neil Burrell on Feb. 3 in Jefferson County District Court. Riley claims the gangrene in his toe was not treated in time, making a below-the-knee amputation necessary.

On July 5, Dr. Lusk submitted objections to a notice of deposition, court records show.

In her objections, Dr. Lusk states the information sought invades patient privacy and is overly broad and outside the scope of discovery.

As of Aug. 17, there is no ruling on the objections.

According to the lawsuit, on May 12, 2009, Riley was treated by Dr. Lusk, who noted soreness in his second toe and early gangrene. Although Riley suffered from diabetes, renal disease and peripheral vascular disease, "little to no care was provided at that time."

On May 21, 2009, Dr. Lusk amputated Riley's toe. A week later, an infection had set in and Riley was forced to undergo a below-the-knee amputation, the suit states.

Riley is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.

Beaumont attorney Craig Lewis represents him.

Houston attorney Deanna Lovett of Ryan & Dawson represents the defendants.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E189-308

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