Deposition sought in med-mal

By David Yates | Nov 8, 2013

Discovery continues to unfold in a lawsuit over a botched surgery as the defendants in case recently filed a notice of intent to take an oral deposition.

As previously reported, Bridge City residents Laura Flowers, and her husband, Gary, filed a medical malpractice suit against Dr. John Schmidt and the Port Arthur Surgical Association on Dec. 26 in Jefferson County District Court.

The certificate of discovery was filed Oct. 16 and shows that the defendants intend on taking the deposition of Dr. Owen Cramer, court papers say. 

According to the lawsuit, on Oct. 26, 2011, Dr. Schmidt attempted a laparoscopic cholecystectomy on Flowers. During the operation, he injured and transected her common bile duct as well as the common hepatic duct, the suit claims.

She had to be transferred to a Houston hospital were additional surgeries were required to save her life, according to the suit.

The suit accuses Dr. Schmidt of negligently deciding to perform the surgery in face of a history of hepatitis and further failed to identify the landmarks of Flower’s anatomy.

Flowers is suing for her alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and loss of household services, plus all court costs.

Austin attorney Jay Winckler of Winckler & Harvey represent the plaintiffs.

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

Case No. B193-758

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