Med-mal plaintiffs seek to quash physicians' depositions

David Yates Aug. 30, 2011, 5:33am

Claiming her medical records are irrelevant, the family of the late Judy Gregory, who sued Dr. Ezea Ede for medical malpractice in January, recently filed a motion to quash.

Representing Gregory's estate, Jill Clauson, along with Sarah and Geoffrey Gregory, filed suit against Dr. Ede on Jan. 28 in Jefferson County District Court.

The plaintiffs claim Dr. Ede, the physician who last treated Gregory, failed to properly diagnose her condition.

On June 15 the plaintiffs filed a motion to quash deposition by written questions of Dr. Sharad Kulkarni and Dr. Erica Hayes, court papers say.

Dr. Ede had served a notice to take the physicians' depositions, seeking "any and all medical records," court papers say.

"Plaintiffs request this court to quash the deposition by written questions ... because the records are not reasonably calculated to lead to relevant or admissible evidence," the motion to quash states.

No ruling on the matter was on file as of Aug. 29.

According to the lawsuit, on March 16, 2010, Gregory was admitted to the Medical Center of Southeast Texas with complaints of chest pain and treated by Dr. Ede.

"Despite abnormal EKG readings, Gregory was discharged home with a cursory diagnosis of arthritis, acute bronchitis, chest wall pain and hypokalemia," the suit states.

"Within nine hours of (being discharged), Gregory was found dead in her home having suffered a fatal dissecting thoracic aortic aneurysm."

The suit continues by alleging Dr. Ede negligently failed to admit Gregory for continuous cardiac monitoring and diagnose her condition, proximately causing her death.

The plaintiffs are seeking all wrongful and survival damages allowable under law.

They are represented by attorney Randall Sorrels of the Houston law firm Abraham, Watkins, Nichols, Sorrels, Agosto & Friend.

Dr. Ede is represented by Fort Worth attorney John McChristian Jr.

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

Case No. E189-256

More News