Three defendants non-suited in med-mal alleging man died from neglect
Three defendants were recently non-suited in litigation brought by the widow of David Wharton, who claims her husband "lingered in the hospital alone" until he died from a heart attack.
As previously reported, Carla Wharton filed suit against Drs. Michael Rotenberg and Msonthi Levine on Oct. 12, 2010, in Jefferson County District Court.
Court records show several more defendants were later added to the suit, including Christus Health System, Anita Rodenberg, Darla Dunn, Jefferson Emergency Medicine Associates, the Schumacher group of Texas, Wayne Margolis, Southeast Texas Heart & Vascular Center and Dominique Beaudry.
On June 24 Judge Gary Sanderson, 60th District Court, granted the plaintiffs' motion for non-suit, dismissing Beaudry without prejudice, court papers say.
A few months later, the plaintiffs filed a notice of partial non-suit without prejudice on Nov. 7 for defendants Nunn, Jefferson Emergency Medicine Associates and the Schumacher group of Texas.
The notice states the cause shall continue against the remaining defendants.
According to the lawsuit, 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.
Jim Perdue Jr. of the Perdue Kidd & Vickery law firm in Houston represents Wharton.
Case No. B188-588