David Yates Oct. 15, 2012, 3:52pm

A few days prior to a summary judgment hearing, a medical-malpractice plaintiff non-suited two medical defendants accused of refusing to readmit a patient who then died of a stroke.

As previously reported, Annette Harris, representing the estate of Isadore Harris, filed suit against Christus Hospital St. Elizabeth and Dr. Herman Gerhardt on April 1, 2011, in Jefferson County District Court.

Court records show that the defendant filed a joint motion for no evidence summary judgment on Aug. 29, stating that plaintiff has failed to raise an issue establishing medical causation.

A hearing on the matter was slated for Oct. 15.

However, court records show that Harris filed a notice on non-suit on Oct. 12, dismissing the defendants without prejudice.

According to the lawsuit, on Jan. 17, 2009, Isadore Harris was brought to the St. Elizabeth emergency room, where Dr. Gerhardt treated him.

“Without running any diagnostic labs whatsoever, Dr. Gerhardt diagnosed Harris with Hypoglycemia and discharged him home,” the suit states.

Soon after, Isadore Harris passed out in the waiting area of the emergency department. His wife attempted to have him readmitted but the hospital allegedly refused to take him because he had already “been treated and could not be seen again,” the suit states.

She was eventually taken to Memorial Hermann Baptist Beaumont Hospital, “where it was discovered that he had suffered a massive stroke, which would ultimately take his life,” the suit states.

The suit continues by alleging Dr. Gerhardt was negligent in his diagnosis and Christus was negligent for refusing to treat him.

Houston attorney Craig Lewis represents the plaintiff.

Houston attorney Frank Doyle of Myers Doyle represents Dr. Gerhardt.

Woodland attorneys Curry Cooksey and Casey Marcin represent Christus.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A189-691

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