Christus objects to med-mal expert report

By David Yates | Aug 15, 2011


Christus Health Southeast Texas is objecting to an expert report submitted for a lawsuit brought by Mark Kent, who alleges a nurse "inexcusably" changed the settings on his Hemovac drain.

The lawsuit, filed Feb. 25 in Jefferson County District Court, alleges that on Dec. 17, 2008, Kent was admitted to Christus Hospital St. Elizabeth in Beaumont for back surgery. Dr. Erwin Lo performed the procedure.

During the surgery, a Hemovac drain was placed in the surgical wound. A Hemovac drain is placed under the skin during surgery and continuously removes any blood or other fluids that might build up.

In the suit the plaintiff claims that on Feb. 19, 2008, a St. Elizabeth nurse changed the setting on the device without a physician's order.

On July 15 Christus filed its objection to the expert report of Dr. John Houten – a physician hired by the plaintiff to comply with the statutory requirements of Chapter 74 of the Texas Civil Code, court records show.

In its objection, Christus asserts that Dr. Houten's report is filled with "blanket statements as to causation and injuries" and is "purely speculative."

Dr. Houten's report maintains that when the nurse acted without orders she fell below the standard of care, court papers say.

Kent is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Houston attorney Clint Lewis represents him.

Christus is represented by Curry Cooksey, attorney for the Orgain, Bell & Tucker law firm.

Judge Gary Sanderson, 6oth District Court, is assigned to the case.

Case No. B189-457

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