In February 2015, Sue Abshire filed a lawsuit against Christus Hospital-St. Elizabeth and Healthsouth Rehabilitation Hospital of Beaumont.
Chapter 74 of Texas’ Civil Code requires plaintiffs to submit expert reports when filing medical malpractice.
On appeal, Christus and Healthsouth argued the trial court erred in overruling their objections to Abshire’s experts and in failing to dismiss her health care liability claim.
On March 30, justices found the expert reports insufficient and overruled the trial court’s order overruling the defendants’ objections.
“We remand the cause to the trial court for the determination of attorney’s fees … and for entry of a final order dismissing Appellee’s claims against Appellants HealthSouth and Christus,” the opinion states.
The lawsuit
According to the original petition, Abshire had a history of osteogenesis imperfecta, which predisposes one to fractures, and twice in mid-November 2012, she was admitted to Christus Hospital St. Elizabeth for chest pain and breathing difficulty.
She was discharged each time, the suit states, returning Nov. 22, 2012, with worsening symptoms and she was transferred to Healthsouth Rehabilitation Hospital of Beaumont.
The suit states Healthsouth started Abshiore on a physical therapy regimen without evaluating her spinal symptoms, consulting her records or stabilizing her spine. On Dec. 6, 2012, she had emergency surgery for a spinal compression fracture and was subsequently paralyzed, the lawsuit says.
The suit says negligence in evaluating Abshire resulted in her injury.
Abshire seeks compensation for physical pain and impairment; mental anguish; medical expenses; attorney fees; expenses; and costs.
She is represented by attorneys Tobias Cole and Bridgit White of Midani & Cole in Houston.
Healthsouth is represented in part by Beaumont attorney James Old Jr.
Jefferson County District Court: case number: D-196658
Appeals case No. 09-16-00197-CV