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Patient accuses physicians, Memorial Hermann Health of failing to properly remove kidney


By Marian Johns | Nov 6, 2019


HOUSTON — A Denton County man is suing three physicians and Memorial Hermann Health System, alleging they failed to properly identify and remove his left kidney, a prescribed medication error that worsened his bowel condition. 

Henry Malone filed a compliant Oct. 24 in Harris County District Court against Northwoods Urology of Texas PLLC, Dr. Johns Giannakis, Dr. Ronald Henry, Dr. Yogita Fotaria, Memorial Hermann Health, doing business as Memorial Hermann The Woodlands Hospital, and registered nurse Christy Fogleman, alleging negligence and direct liability. 

According to the complaint, Malone underwent surgery for a ureterctomy and nephroureterectomy July 22, 2017, performed by Giannakis. Malone alleges Giannakis should have not tried to perform the surgery after seeing Malone's scar tissue that caused his organs to stick together due to bowl inflammation. Giannakis then removed "what he thought was Mr. Malone's left kidney" when the tissue sample was mistakenly verified by Fogleman as the kidney,'' the lawsuit states. 

The plaintiff alleges he was prescribed a nonsteroidal anti-inflammatory that should not have been given to a patient with his kidney issues, which made his condition worse. The suit states the plaintiff sustained medical expenses, physical pain and lost wages.

Malone seeks monetary relief of more than $1 million, trial by jury, court costs, interest and all other just relief. He is represented by attorneys John Esover of The Law Offices of John W. Excover LLP in Georgetown and by John Stratton of The Stratton Law Firm PLLC in Austin. 

Harris County District Court case number 2019-78051

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