HOUSTON – A Texas appeals court has ruled in favor of a patient who lost a leg following treatment at a suburban Houston hospital, saying his expert witness' amended report meets requirement under a state liability law.
In its 17-page memorandum opinion issued June 25, the Fourteenth Court of Appeals affirmed a lower-court order that overruled objections to the amended report. The appeals court found that the lower court had not abused its discretion when it issued that order.
The appeals court found that the amended report established that podiatrist Babajide Ogunlana's "negligent failure" had "exacerbated" the patient's wounds "and caused him pain and suffering," the memorandum opinion said.
Texas' Fourteenth Court of Appeals Justice Meg Poissant
| txcourts.gov
"There was no intervening cause or break in the causal link," the memorandum opinion continued. "The amended report shows that Dr. Ogunlana's negligence did more than just furnish the condition that made the exacerbation of the wounds possible; it established a direct link between Dr. Ogunlana’s negligence and the exacerbation of the wounds."
Appeals court Justice Meg Poissant wrote the memorandum opinion in which Justice Tracy Christopher and Justice Charles A. Spain concurred.
The case stems from Derrick Cunningham's admission in March 2016 to Kindred Hospital in Sugar Land "for treatment of a chronic wound on his right heel," the background portion of the appeals court's memorandum opinion said. A splint had been placed on his ankle by an emergency room physician days earlier to treat a fracture Cunningham suffered in a fall days earlier, according to the memorandum opinion.
After surgery and other treatments into the following May, Cunningham's left leg was amputated below the knee when he developed gangrene and osteomyelitis related to ulcerations. Cunningham later filed health-care liability claims alleging Ogunlana, another physician and the hospital's staff were negligent.
In his appeal, Ogunlana argued that a Fort Bend County district court abused its discretion when it overruled objections to an amended report by expert witness Keith Hollingsworth. Ogunlana claimed the expert's report did not meet the requirements of the Texas Medical Liability Act.
"Ogunlana presents two issues on appeal," the memorandum opinion said. "In issue two, Ogunlana argues that the report does not show that Dr. Hollingsworth was qualified to testify as to wound care, and in issue one, that the report is insufficient to show causation."
The appeals court concluded that Hollingsworth's report did comply with the act.
"Because we conclude that the amended expert report complies with the act, we affirm the trial court's order overruling the objections," the memorandum opinion said.