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Plaintiff alleges medical negligence against doctor over botched spinal surgery

SOUTHEAST TEXAS RECORD

Sunday, December 1, 2024

Plaintiff alleges medical negligence against doctor over botched spinal surgery

State Court
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District Courts of Harris County | Official website

A Texas woman has filed a lawsuit alleging medical negligence after undergoing a botched surgery that left her with severe complications. Kathryn Welter initiated the complaint against Dr. Ankur Khosla and Arkmed PLLC, doing business as AK Pain & Spine Center, in the District Court of Harris County, Texas, on November 14, 2024.

The case revolves around an alleged surgical error made by Dr. Khosla during a procedure intended to alleviate Kathryn Welter's severe lower back pain. According to the court documents, Dr. Khosla recommended a right-side discectomy of L5-S1 to relieve compression and pain. However, after the surgery on December 29, 2022, performed at Townsen Memorial Hospital, Welter experienced intense pain and difficulty walking. A subsequent examination on February 6, 2023, revealed that the operation had been conducted on the wrong side of her spine; imaging showed a surgical wound on the left side with no evidence of any right-sided wound or scarring.

Welter underwent corrective surgery on February 21, 2023. Despite this intervention, she continues to suffer from decreased intestinal motility requiring lifelong medication management. The plaintiff asserts that these complications are directly attributable to Dr. Khosla's negligence and Arkmed PLLC's failure to uphold an acceptable standard of care through their employees and agents.

In her complaint, Welter accuses Dr. Khosla and Arkmed PLLC of breaching their duty of care by performing surgery on the incorrect side of her body—a mistake she claims constitutes medical negligence under Texas law. The legal document further argues that Arkmed PLLC is liable for its employees' actions under the doctrine of respondeat superior.

Welter seeks monetary relief exceeding $250,000 but less than $1 million for damages including physical pain and mental anguish (both past and future), physical impairment and disfigurement (both past and future), loss of earning capacity (past and future), loss of household services (past and future), as well as reasonable medical expenses incurred due to the alleged malpractice.

Represented by attorneys Gabe A. Sassin and Tommy R. Hastings from Hastings Law Firm P.C., Welter has requested a jury trial for this case filed under Case ID 2024-80532 in Harris County’s 215th District Court.

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