Med-mal suit says patient not viable candidate for surgery

By David Yates | Sep 10, 2007

Before any operation, it is standard procedure for the surgeon to explain the risks to the patient. But a lawsuit on behalf of one Jefferson County woman alleges the doctor never obtained her consent and should have never done the surgery.

John Ross, Darlene Spears' benefactor, filed a medical malpractice suit against Dr. Carl J. Beaudry on Sept. 6 in Jefferson County District Court.

The plaintiff's original petition does not describe the type or reason for the surgery performed on Spears, but says that in 2005, she was admitted to Christus St. Mary Hospital in Port Arthur, where she underwent surgery performed by Dr. Beaudry.

"Plaintiff's deceased was not a viable candidate for surgery and surgery should have been put off," the suit said. "Had surgery been put off until ongoing health issues were resolved, then the damages would not have occurred. Alternatively, had Defendant met the standard of care in all of his treatment of Plaintiffs deceased, then only one surgical procedure would have required and Plaintiff's deceased would not have suffered the multiple complicating problems, culminating in her death on June 12, 2005."

The suit lists the following acts of alleged negligence:

-Failing to acquire informed consent;
-Failing to obtain pre-operative medical clearance;
-Failing to obtain proper infectious disease consults prior to surgery, even though it was known that Plaintiff had a positive culture of a known pathogen;
-Failing to obtain adequate culture with sensitivities prior to placing Plaintiff on antibiotics;
-Failing to perform wound exploration and debridement; and
-And failing to properly treat and care for Plaintiff.

"Accordingly, Plaintiff requests that the jury consider a sum of money which will reasonably compensate Plaintiff for his past damages resulting from (Spears') physical pain; mental anguish which Plaintiff has suffered; reasonable expenses for necessary medical and hospital care received by Plaintiff's deceased in the past for the treatment of her injuries resulting from the incident in question; and reasonable and necessary funeral expenses," the suit said.

Ross is represented by attorney Hart Green of the Weller, Green, Toups & Terrell law firm.

Judge Gary Sanderson, 60th Judicial District, has been assigned to the case.

Case No. B179-959

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