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Plaintiffs Allege Doctor's Negligence Led To Unconsented Surgical Procedure

SOUTHEAST TEXAS RECORD

Saturday, November 23, 2024

Plaintiffs Allege Doctor's Negligence Led To Unconsented Surgical Procedure

State Court
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Morgan Jackson and Ricky Jackson Jr. have filed a lawsuit against Dr. Gregory Scott Shelton, MD, alleging severe medical negligence that has had life-altering consequences. The complaint was lodged on October 31, 2024, in the District Court of Harris County, Texas, targeting Dr. Shelton for actions during a surgical procedure that went beyond what was consented to by the patient.

The case revolves around a scheduled cesarean section performed on July 25, 2023, during which Morgan Jackson was also supposed to undergo the removal of a left ovarian mass. According to the plaintiffs' petition, Dr. Shelton's preoperative notes indicated a plan for "primary C/S with L oophorectomy," which involved only the removal of the left ovary. However, without obtaining consent from Morgan Jackson—either written or verbal—Dr. Shelton proceeded to remove her healthy right fallopian tube during surgery. This unauthorized act has rendered Morgan Jackson permanently unable to conceive naturally.

In their petition, the plaintiffs argue that this action by Dr. Shelton constitutes both negligence and gross negligence. They assert that he failed to perform a crucial "time-out" procedure before surgery—a standard practice designed to confirm the necessity and appropriateness of any surgical interventions planned. The absence of this verification process is highlighted as a significant deviation from accepted medical protocols intended to prevent unauthorized procedures.

The plaintiffs further contend that Dr. Shelton's failure to adhere to these protocols represents an extreme degree of risk from an objective standpoint of a reasonable physician due to the potential harm associated with removing a healthy reproductive organ without consent. This oversight not only breached standard care but also demonstrated conscious indifference towards Morgan Jackson's rights and safety.

As compensation for this alleged malpractice, Morgan Jackson seeks monetary relief exceeding $1 million for damages incurred due to medical expenses (past and future), physical pain and suffering, mental anguish, physical impairment, disfigurement, loss of consortium, and punitive damages meant to address the profound impact on her health and reproductive future.

Representing Morgan Jackson and Ricky Jackson Jr., Katherine M. James from The James Law Firm emphasizes that they are entitled to recover court costs along with pre-judgment and post-judgment interest at legal rates provided by law. The case is presided over in Harris County’s 164th District Court under Case ID: 2024-76388.

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