Discovery proceeding in malpractice suit

By David Yates | Feb 29, 2012


Defendants in a medical-malpractice claim over a man's toe amputation recently filed two certificates of discovery.

William Riley filed a medical malpractice suit against Podiatry Associates of Southeast Texas and Drs. Debra Lusk and Neil Burrell on Feb. 3, 2011, in Jefferson County District Court. Riley claims the gangrene in his toe was not treated in time, making a below-the-knee amputation necessary.

Court records show that the defendants filed two certificates of discovery on Feb. 23.

The first serves notice of the defendants' intent to take the deposition of Timothy Colgan.

The second includes the defendants' first supplemental response to request for disclosure.

According to the lawsuit, on May 12, 2009, Riley was treated by Dr. Lusk, who noted soreness in his second toe and early gangrene. Although Riley suffered from diabetes, renal disease and peripheral vascular disease, "little to no care was provided at that time."

On May 21, 2009, Dr. Lusk amputated Riley's toe. A week later, an infection had set in and Riley was forced to undergo a below-the-knee amputation, the suit states.

Riley is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages.

Beaumont attorney Craig Lewis represents him.

Houston attorney Deanna Lovett of Ryan & Dawson represents the defendants.

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

Case No. E189-308

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