The Medical Center of Southeast Texas recently filed a motion to dismiss in a suit claiming the plaintiff suffered bedsores while under the care of the defendant.

On April 8, 2015, Lester Owens filed suit against the Medical Center in Jefferson County District Court, claiming negligence following a February 2013 procedure.

Court records show that on Aug. 18 the Medical Center objected to the export report of Dr. Brian Camazine.

Under Chapter 74 of the Texas Civil Code, plaintiffs are required to submit an expert report when filing a medical malpractice lawsuit.

On March 14 the Medical Center filed a motion to dismiss, stating that it has timely filed and served its objections to the expert report and now moves to dismiss the action with prejudice.

Specifically, the Medical Center contends:

- Camazine is not qualified;

- There is no specific standard of care set forth in the report; and

- There is a blanket statement to causation only: “Had the nursing staff … adequately evaluated, positioned, turned, and cared for Mr. Owens the bedsores what not have occurred.”

The Medical Center argues the report is “conclusory at best.”

According to the original petition, Owens was admitted to the defendant’s facility in Port Arthur to undergo a bilateral knee replacement on or about Feb. 4, 2013.

He was given a morphine pain pump and catheterized, according to court documents, but suffered from skin breakdown, which developed into decubitus ulcers.

Released three days later, Owens was assessed by a home health nurse, who noted Stage II pressure ulcers on his lower back. Referred to wound care at a nearby hospital, he received treatment until March.

Owens alleges that he was not turned sufficiently by staff at the defendant’s facility; that his bedsores, left undiagnosed and untreated, ultimately worsened, causing him to suffer great pain as a result.

The lawsuit maintains that his condition could have been avoided with proper treatment.

Citing physical pain and suffering, anguish, discomfort, impairment and disfigurement, the plaintiff seeks: unspecified compensation for damages; pre- and post-judgment interest; attorney’s fees; expenses; and costs.

Owens is represented by Collin Cobb of Harris, Duesler and Hatfield of Beaumont.

The Medical Center is represented by Curry Cooksey of Cooksey & Marcin in the Woodlands.

Jefferson County District Court case no. D-196976

More News