Med-mal over gangrenous toe continued

A medical-malpractice claim over a man’s gangrenous toe that required above the knee amputation was continued.

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.

Previously, on Sept. 10 the parties filed an agreed motion for preferential trial setting, stating that both parties have experts that reside outside of Jefferson County and a preferential trial setting on April 1 would help accommodate scheduling.

However, a few weeks before the slated trial date, the parties filed an agreed motion for continuance on March 14, stating more time was needed to gather and review medical records, court papers say.

Judge Donald Floyd, 172nd District Court, granted the motion on March 19, setting the new trial for sometime in September 2013.

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.

Case No. E189-308