Defendant objects to expert report in med-mal

David Yates Dec. 16, 2013, 12:39pm

A defendant in a lawsuit over an alleged botched surgery is objecting to an expert report.

As previously reported, Bridge City residents Laura Flowers, and her husband, Gary, filed a medical malpractice suit against Dr. John Schmidt and the Port Arthur Surgical Association on Dec. 26, 2012, in Jefferson County District Court. 

Court records show that on Dec. 5, Schmidt submitted objections to the qualifications of the plaintiffs' expert Dr. Owen Cramer, stating that he has not shown himself to be qualified in the areas of his opinion.

Under Chapter 74 of Texas Civil Law, med-mal plaintiffs are required to submit an expert report.

According to the lawsuit, on Oct. 26, 2011, Dr. Schmidt attempted a laparoscopic cholecystectomy on Flowers. During the operation, he injured and transected her common bile duct as well as the common hepatic duct, the suit claims.

She had to be transferred to a Houston hospital were additional surgeries were required to save her life, according to the suit.

The suit accuses Dr. Schmidt of negligently deciding to perform the surgery in face of a history of hepatitis and further failed to identify the landmarks of Flower’s anatomy.

Flowers is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and loss of household services, plus all court costs.

Austin attorney Jay Winckler of Winckler & Harvey represent the plaintiffs.

Schmidt is represented by Marc Calvert, attorney for the Houston law firm Calvert & Associates.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B193-758

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