A recent lawsuit has been filed in Harris County, Texas, alleging serious medical negligence during a surgical procedure. On September 30, 2024, Danielle Laborde Cushnie initiated legal action against Dolores May Beane, Jessica Alexandra Gatehouse, US Anesthesia Partners of Texas, P.A., and Memorial Hermann Health System d/b/a Memorial Hermann Memorial City Medical Center.
The case revolves around an incident that occurred on February 23, 2024, when Danielle Laborde Cushnie underwent a hysterectomy at the Memorial Hermann Memorial City Medical Center. During this procedure, it is alleged that anesthesiologist Dolores May Beane and nurse anesthetist Jessica Alexandra Gatehouse failed to provide adequate care. Specifically, the plaintiff claims that the defendants did not ensure proper eye protection throughout the surgery, resulting in bilateral corneal abrasions and exposure keratitis. The plaintiff argues that these injuries were due to negligence and gross negligence on the part of Beane and Gatehouse who were responsible for monitoring her condition during the operation.
Cushnie's petition further alleges that both Beane and Gatehouse acted as agents or employees of US Anesthesia Partners of Texas and Memorial Hermann Health System. Under the doctrine of respondeat superior, these organizations are held vicariously liable for their employees' actions. The lawsuit also invokes the doctrine of res ipsa loquitur to suggest that such injuries do not typically occur without negligence from those in control during medical procedures.
In addition to claims of negligence and lack of informed consent — noting that she was not adequately warned about potential risks associated with anesthesia — Cushnie seeks monetary relief amounting to $250,000 or less. This figure excludes interest and punitive damages but includes compensation for past and future pain and suffering, mental anguish, loss of earnings, medical expenses, litigation costs, and exemplary damages.
Representing Danielle Laborde Cushnie is attorney Bradford A. Clements from Greenwich, Connecticut. The case has been assigned to Judge Adiani Solis in the 129th Judicial District Court under Case ID 2024-67339.