A 54-year-old man has filed a lawsuit against a healthcare facility and its staff, alleging severe negligence that led to a debilitating stroke. Darryl Brandl lodged the complaint in Harris County District Court on August 21, 2024, targeting Patients Emergency Room and Hospital, Baymont Emergency Room LLC, Dr. Amy Buford, and Nurse Practitioner Nina Martindale.
According to the court documents, Brandl's ordeal began on July 16, 2023, when he visited Patients Emergency Room and Hospital with symptoms indicative of symptomatic carotid stenosis. However, Nurse Practitioner Nina Martindale failed to order the necessary diagnostic tests and instead misdiagnosed him with an acute sinus and ear infection. Consequently, Brandl was sent home with antibiotics. Two days later, Dr. Amy Buford electronically signed off on his chart without further investigation.
The situation took a dire turn on September 5, 2023, when Brandl experienced significantly altered mental status and was rushed to Houston Methodist Baytown Hospital. There he was diagnosed with an acute ischemic stroke caused by right internal carotid artery stenosis—a condition that could have been treated if properly diagnosed earlier. The plaintiff asserts that both Martindale and Buford neglected their duty of care by failing to identify his condition despite clear symptoms.
"Emergency room nurse practitioners and physicians using ordinary care know or should know the symptoms of symptomatic carotid stenosis," states the complaint. "The appropriate diagnostic tests are extremely sensitive at making the diagnosis and treatment is highly effective at preventing significant complications." Brandl contends that had these medical professionals adhered to standard care protocols, his severe injuries could have been avoided.
Brandl is seeking various forms of relief from the court including actual damages for physical pain sustained in the past and future, mental anguish endured both previously and expectedly in the future, physical impairment past and future, as well as medical expenses incurred thus far and anticipated moving forward. Additionally, he seeks exemplary or punitive damages to the extent allowed by law.
Representing Brandl is John J. Brothers from The Brothers Law Firm based in Houston. The case has been assigned Case ID 2024-55380 in the 129th Judicial District Court of Harris County under Judge Patricia Jones.