Plaintiff seeks to compel expert reports in med-mal over ovary removal

A medical malpractice plaintiff is seeking to compel the defendant to have its experts produce reports.

Last April, Taryn Stevens filed suit against Dr. Khalid Kayani and Memorial Hermann Baptist Beaumont Hospital, alleging one of her ovaries was removed during surgery without her consent.

Court records show that the plaintiff’s motion to compel expert witness reports was filed May 23.

The motion requests that the defendant’s experts produce a report stating each and every opinion they hold related to the case and the factual basis for those opinions.

Court records further show a docket control order was entered on Feb. 7, calling for the case to be mediated by July 19 or face a trial sometime in August.

On Aug. 6, Dr. Kayani objected to Stevens’ expert reports, calling them “conclusory and speculative,” court papers say.

Under Chapter 74 of the Texas Civil code, plaintiffs are required to submit expert reports when filing medical malpractice claims.

A hearing on the matter has held on Thursday, Sept. 6 in Judge Bob Wortham’s 58th District Court. The judge denied the objection, allowing the claim to continue.

The lawsuit alleges that on Jan. 26, 2010, Dr. Kayani performed a myomectomy on Stevens at Baptist Hospital to remove uterine fibroids.

“During the course of the procedure defendant Kayani removed plaintiff’s left ovary … without consent,” the suit states.

The suit faults the defendants for negligently removing the ovary without consent.

Stevens is suing for her alleged past and future mental anguish, medical expenses and impairment.

Houston attorney Christopher Wilsher represents her.

Dr. Kayani is represented by Gregory Myers, attorney for the Houston law firm Myers Doyle.

Case No. A192-264