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SOUTHEAST TEXAS RECORD

Thursday, September 19, 2024

Patient Sues Local Medical Group Over Alleged Surgical Negligence

State Court
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A Harris County woman has filed a lawsuit against a local medical group and two of its physicians, alleging negligence that resulted in severe injuries. Julia Baltimore initiated the complaint on August 16, 2024, in the District Court of Harris County, Texas, targeting Kelsey-Seybold Medical Group, PLLC, Dr. Daniela McConnell, and Dr. Jim Patrick Benge.

According to the court documents, Julia Baltimore claims she suffered significant injuries due to the alleged negligence of Dr. McConnell and Dr. Benge during a surgical procedure at Houston Methodist Willowbrook Hospital on February 1, 2024. The plaintiff underwent a robotic total laparoscopic hysterectomy with bilateral salpingo-oophorectomy and salpingectomy performed by the defendants. Baltimore asserts that improper placement of a trocar by the surgeons led to vascular injuries necessitating further surgical repair and ongoing blood-thinning medication.

Baltimore's petition outlines several specific allegations against the defendants. She contends that both doctors were negligent in their care and treatment by failing to perform the surgery correctly, choosing inappropriate entry methods or devices, misjudging the location and angle for trocar placement, and applying excessive force without adequately identifying her anatomy. "The evidence will show that Dr. McConnell and Dr. Benge breached the standard of care," states Baltimore's complaint.

Furthermore, Baltimore alleges that Kelsey-Seybold Medical Group is vicariously liable for the actions of its employees under doctrines such as respondeat superior and agency by estoppel since both doctors were acting within their employment scope during the incident.

In terms of damages sought, Baltimore requests compensation for physical pain endured both past and future, mental anguish experienced historically and anticipated moving forward, physical impairment previously sustained and expected in the future, past medical expenses along with projected future costs, disfigurement damages for both past occurrences and future probabilities, as well as lost earning capacity historically incurred and likely forthcoming.

Additionally, Baltimore seeks exemplary or punitive damages where applicable by law alongside pre-judgment and post-judgment interest plus all litigation costs incurred throughout this process.

Representing Julia Baltimore is attorney John J. Brothers from Houston-based law firm Brothers Firm PLLC. The case has been assigned Case ID 2024-53843 under Judge Talitha McCarty in Court 201 of Harris County District Court.

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