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SOUTHEAST TEXAS RECORD

Saturday, October 5, 2024

Patient sues podiatry clinic for alleged malpractice

State Court
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A Cypress resident has filed a medical malpractice lawsuit against two podiatrists and their clinic, alleging negligence in the treatment of her lower right leg and ankle. The complaint was filed by Maria De Jesus Livas in Harris County District Court on June 27, 2024, naming James M. Jacobs, DPM, Maria Sandoval, DPM, and Your Total Foot Care Specialist, PLLC as defendants.

According to the court documents, the plaintiff underwent surgery performed by Dr. James M. Jacobs on April 14, 2022, to repair fractures in her lower right leg and ankle. Initially, Ms. Livas's recovery appeared normal; however, she began experiencing severe pain in the affected area by fall 2022. Despite multiple visits to the defendants' office for persistent pain and swelling, she alleges that appropriate diagnostic measures were not taken promptly.

On February 8, 2023, Dr. Jacobs noted soft tissue edema and some displacement of internal fixation but only provided conservative treatment such as a nerve block injection and advised rest. On March 21, 2023, Ms. Livas visited again with ongoing complaints of pain and swelling but received minimal intervention from Dr. Maria Sandoval who diagnosed cellulitis and prescribed antibiotics without further investigation.

Ms. Livas was admitted to Methodist Hospital on April 3, 2023—nearly a year after her initial surgery—with a diagnosis of failed right ankle hardware and an ulcerated medial wound requiring immediate surgical intervention the following day. The plaintiff asserts that these complications were due to the defendants' failure to timely diagnose and adequately treat her post-surgical issues.

The lawsuit accuses Drs. Jacobs and Sandoval of breaching their duty of care through negligence which directly caused Ms. Livas's injuries and suffering. It also holds Your Total Foot Care Specialist vicariously liable for their actions under principles such as employer-employee relationship and agency by estoppel.

Ms. Livas seeks monetary damages exceeding $100,000 but not more than $200,000 for physical pain and suffering, mental anguish, physical impairment, reasonable medical expenses (both past and future), along with prejudgment and post-judgment interest at the maximum lawful rate.

The case is being handled by Ronald K. Lovett of Lovett Law Firm representing the plaintiff while no information about defense attorneys is available yet. The case ID is 2024-40890 filed in Harris County District Court before Judge Chandra Lawson.

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