A Texas medical malpractice jury returned its verdict on September 27, 2024 in the amount of $59.7 million in favor of 33-year-old Kiet “Ricky” Tuan Do against Baptist Hospitals of Southeast Texas and a physician. Ricky had alleged in his Texas medical malpractice lawsuit that the hospital and others were negligent and that their negligence resulted in his avoidable permanent paralysis.
The Plaintiff’s Third Amended Petition alleged, in part:
On Tuesday, August 13, 2019, at approximately 12:00 a.m., Ricky Do, a 33-year-old male, presented to the Christus Southeast Texas Mid-County Outpatient Center (“Christus Outpatient”), a non-hospital based freestanding healthcare provider, located at 8801 9th Ave., in Port Arthur, Texas 77642, with his chief complaints of excruciating shoulder, neck, and back pain.
Upon arrival, the nurses at Christus Outpatient first documented that Ricky Do had excruciating pain starting in the right side of his neck radiating to his shoulder and pain at the base of his skull. The pain increased rapidly and became very severe. He was now experiencing weakness in his right leg and upper arm. Numbness and tingling of his arms and legs then started, along with numbness to the right side of his body. His legs ultimately collapsed while at Christus Outpatient. He had never experienced any symptoms like these in the past.
Dr. Kenneth Stanley, the emergency room physician working for Christus Outpatient that night, ordered a CT scan of Ricky Do’s cervical spine and brain. The CT scan was completed around 1:19 a.m. and interpreted by radiologist named Dr. Margaret McKernan. Ricky Do’s CT scan of his cervical spine and brain came back normal. Dr. Stanley diagnosed
Ricky Do with rhabdomyolysis and immediately transferred him to Baptist Hospital in Beaumont, Texas for further neurological work-up.
Later that morning, at around 3:34 a.m. on August 13, 2019, Ricky Do was transferred by ambulance to Baptist Hospital. Baptist Hospital’s records indicate that, at worse, Mr. Do’s symptoms were “moderate” in the ER, which are completely different than what the nurses noted at Christus Outpatient.
While at Baptist Hospital, the doctors (specifically Kansara), staff, and nurses completely failed to perform their job and committed medical malpractice. Ricky Do’s care was grossly delayed by several hours. The nurses and staff, for example, failed to perform neurological assessments, failed to monitor the patient, failed to timely perform an MRI, and never followed up with the physician under Mr. Do’s care.
Around 9:30 a.m., Kansara ordered a magnetic resonance image (“MRI”) of Ricky Do’s cervical spine (neck). However, Kansara wrongfully placed a “regular” MRI order when a “STAT” order was appropriate under these circumstances. When a doctor like Kansara orders a “STAT” MRI, that means now or as soon as possible whereas a routine or regular order essentially tells the nurse and radiology department whenever you can get to it. In other words, there was no rush on the MRI even though by this time Ricky Do was losing major bodily functions, and had severe, focalized pain in the back of his neck like never in his life. So, while at Baptist Hospital, Ricky Do sat there, bedridden, all day in pain while demonstrating clear neurological deficiencies and concerns. Kansara never consulted with a neurosurgeon during this crucial time, never followed up with Ricky Do, nor did Kansara promptly order an MRI to determine the cause of Ricky Do’s serious neurological complaints. Kansara’s failure to act aggravated and worsened Ricky Do’s condition.
Finally, on August 13, 2019, at 7:12 p.m. (approximately 20 plus hours later since Ricky Do sought emergency care), an MRI of his cervical spine was finally taken. On August 14, 2019, at approximately 12:13 a.m. (approximately 25 plus hours later since Ricky Do sought emergency care), the MRI was reviewed, and it revealed a severe extradural mass on his cervical spine. Instead of receiving the emergent consultation and treatment which, in reasonable medical probability, have been provided if Baptist Hospital and Kansara done their job, Ricky Do sat at Baptist Hospital while his epidural mass continued to cause severe spinal cord compression.
Only after the MRI was finally taken and interpreted at Baptist Hospital, Ricky Do was life-flighted to St. Luke’s Hospital in Houston, Texas to undergo emergency surgery by a neurosurgeon to remove the growing epidural mass. Contrary to everything going on, the records at Baptist Hospital indicate that Ricky Do was stable, and his prognosis was good before he was life-flighted to St. Luke’s. Ricky Do left Baptist Hospital on August 14, 2019, at approximately 03:50 (close to 28 hours when he first sought emergency care at Christus Outpatient) via helicopter to St. Luke’s. Unfortunately, the mass continued to grow causing Ricky Do serious and permanent damage.
Upon arrival at St. Luke’s at approximately 05:10 on August 14, 2019 (30 hours since Mr. Do first sought emergency care at Christus Outpatient), Ricky Do was immediately assessed and surgery was performed soon after by the neurosurgeons at St. Luke’s, but the Defendants’ gross negligence eliminated a healthy recovery for Ricky Do. Over the course of three weeks, Ricky Do was stabilized and referred to TIRR Memorial Hermann for extensive rehabilitation.
Currently, Ricky Do still suffers from near-total paralysis, is wheelchair bound, and continues treatment as of today because of Defendants’ gross negligence.
The Texas medical malpractice jury determined by its verdict on September 27, 2024 that Baptist Hospitals was 90% at fault, Dr. Kansara was 5% at fault, and a doctor who was no longer a defendant at the time of trial was 5% at fault.
If you or a family member suffered serious injury or other harm that may be due to medical malpractice in Texas or in another U.S. state, you should promptly find a Texas medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your medical malpractice claim for you and represent you or your family member in a medical malpractice case, if appropriate.
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