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Medical malpractice suit filed against Texas hospital

Everyday people seek medical treatment from qualified health care professionals and trust that the treatment they are receiving is the best possible. Sometimes, however, a medical professional may fail to adhere to the standard of care required. One Texas woman is filing a medical malpractice suit against her doctor and the hospital, after a medical procedure was done without her consent.

In 2010, the woman underwent a myomectomy to remove uterine fibroids at Memorial Hermann Baptist Beaumont Hospital. She is now suing the hospital and her doctor for medical expenses, impairment and future mental anguish. She alleges that during surgery, the doctor removed her left ovary without her consent. While specific requirements depend on the state, in general, a doctor is required to provide the patient with the risks, benefits and alternatives to a procedure so that the patient can give informed written consent to the treatment.

The trial is underway and the woman has filed a motion to compel expert reports stating their opinions regarding the case. The doctor objects to this, stating that the expert reports are speculative and conclusory.

Negligence on the part of a health care professional can come in many forms. Failure to diagnose, error in treatment or diagnosis, deviation from general accepted standards of practice, or failure to acquire consent can all be considered negligent behavior. The hospital can also be held negligent if it failed to provide adequate training or if there are problems with the safety or sanitation of the hospital.

If the doctor and hospital are found to be liable, they could be required to pay damages to cover medical expenses, pain and suffering and other expenses.

Source: Southeast Texas Record, "Plaintiff seeks to compel expert reports in med-mal over ovary removal," David Yates, June 3, 2013

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Brian Jensen

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