Patients consenting to surgery are informed of the risks. When Darlene Spears went under the knife, she emerged alive but suffered complications.
Spears sued the physician, Dr. Carl J. Beaudry, who performed the surgery and Christus Health Southeast Texas. She settled her case on July 10, 2007. Terms of the settlement were not disclosed.
In her suit, Spears' claimed Dr. Beaudry and Christus should "have put off" her surgery, knowing that she was infected with a pathogen that could cause her harm.
Now deceased, her benefactor, John Ross, is claiming Spears' alleged botched surgery untimely caused her death, and has filed a separate medical malpractice and wrongful death lawsuit against Dr. Carl J. Beaudry with the Jefferson County District Court on Sept. 6.
According to the plaintiff's original petition, back in 2005, Spears 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 does not give details about Spears' surgery or condition. The suit only lists the following acts of alleged negligence:
Ã¯Â¿Â½ Failing to acquire informed consent;
Ã¯Â¿Â½ Failing to obtain pre-operative medical clearance;
Ã¯Â¿Â½ 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;
Ã¯Â¿Â½ Failing to obtain adequate culture with sensitivities prior to placing Plaintiff on antibiotics;
Ã¯Â¿Â½ Failing to perform wound exploration and debridement; and
Ã¯Â¿Â½ 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