On behalf of Hastings Law Firm posted in Hospital Negligence on Friday, April 11, 2014.

On Feb. 12, 2014, we recently discussed an alleged incompetent neurosurgeon at a Texas hospital and the resulting lawsuits that have been filed. Since that time, another victim has stepped forward with claims that his surgery was botched, which resulted in serious injuries. He is the fourth person to file a malpractice suit against both the attending surgeon as well as the Baylor Medical Center for its alleged hospital negligence that might have played a role in some of the victim’s injuries.

A Texas man has pointed a finger at a suspended neurosurgeon as the culprit for his significant injuries. The accused neurosurgeon allegedly misplaced hardware for a spinal fusion during a surgery on the man’s back. This resulted in damage being caused to the spine, which reportedly caused serious nerve damage that makes day-to-day life extremely painful for the victim.

The lawsuit further claims that Baylor knew about the neurosurgeon’s inability to perform surgeries competently for quite some time, but refused to act. Several other instances of injury ultimately being caused due to the hospital’s supposed negligence are referenced, including one case that left a patient almost fully paralyzed. Perhaps worse yet if proven true, the hospital even supplied the surgeon with a letter of recommendation — all while supposedly aware of the harm that he was causing during surgery.

This lawsuit also seeks to challenge the notion that to file a medical malpractice claim for hospital negligence, a patient be burdened with the process of having to prove that a hospital was intentionally out to cause harm. Instead, it proposes that simply being negligent in the care of patients should suffice. If it is upheld that the hospital must be proven to have intentionally caused harm, this Texas man may be able to argue that, being aware of the neurosurgeon’s track record for cocaine use as well as apparently harming and killing patients during surgery, the hospital did in fact cause intentional harm to its patients.

Source: Dallas Business Journal, “Baylor Medical Center Plano faces another malpractice suit”, Bill Hethcock, March 31, 2014