Scheduling conflicts have pushed back a medical malpractice trial formerly slated to start Thanksgiving week.

As previously reported, Justin Brewer filed a suit Aug. 27, 2010, in Jefferson County District Court against Christus Hospital St. Elizabeth, Beaumont Bone & Joint and Drs. Curtis Thorpe, Michael Stafford and Charles Wilson, alleging his leg amputation was totally preventable.

The case was set for trial Nov. 19. However, scheduling conflicts, such as some of the attorneys on the case being part of the Texas Legislator, have forced the case to be reset for sometime after January, according to a courthouse official.

The original petition alleges that Brewer, while working as a Salvation Army employee, fell and injured his left leg on Aug. 8, 2008. He was taken to Christus St. Elizabeth and examined by Dr. Wilson.

Five days later, Dr. Thorpe ordered an MRI performed and told him it would be five days before he obtained the results.

“On the same day (Aug. 13, 2008) plaintiff began to notice that the bottom of his left foot was black in addition to him experiencing immense pain,” the suit states, adding that Brewer’s mother called Dr. Thorpe numerous times out of concern but the doctor told her it “was normal and consistent with a sprained knee.”

The next day, paramedics returned him to the hospital. Brewer was discharged and “told to rest and ice his knee and keep it elevated,” court papers say.

Court records show that five days later, he visited Dr. Thorpe’s office and diagnosed with a torn anterior cruciate ligament.

“Ironically, Defendant Thorpe criticized plaintiff’s mother for not bringing him to see him earlier, despite the numerous calls … and emergency room visits,” the suit states, adding that Dr. Thorpe informed him two days later that gangrene had set and surgery was required on the foot.

On Sept. 8, 2008, Brewer’s left leg was amputated above the knee, court papers say.

Woodland attorney Curry Cooksey represents Christus.

Judge Gary Sanderson, 60th District Court, is presiding over the case.

Case No. B187-788

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