Transected bile duct results in malpractice suit

By David Yates | Feb 23, 2011


Claiming a botched surgery resulted in a transection of his common bile duct, area resident Ernesto Escareno has filed suit against Beaumont physician John Schmidt and his employer, Port Arthur Surgical Association.

The suit was filed Feb. 16 in Jefferson County District Court.

According to his petition, on Dec. 2, 2008, Escareno sought medical treatment from Dr. Schmidt, which included a video laparoscopy and a cholecystectomy – the surgical removal of a gallbladder.

"As the result of defendant's negligence, Escareno suffered a transected common bile duct and required further surgery and follow-up care," the suit states, adding that Dr. Schmidt negligently failed to detect the condition and provide reasonable medical care.

Escareno is suing for his incurred medical expenses and alleged mental anguish.

He is represented by Beaumont attorney Brian Sutton of Sutton & Jacobs.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E189-375

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