A large number of people go to doctors to receive medical treatment and they expect that this medical treatment will meet the proper standards of care. Of all the types of medical malpractice surgical errors is one of the most common.
There is a medical malpractice lawsuit in Texas was filed last April by Taryn Stevens against Dr. Khalid Kayani and Memorial Hermann Baptist Beaumont Hospital (Baptist Hospital) and is slated to go to trial in August. The lawsuit alleges that one of Stevens’ ovaries was removed without her consent during surgery.
The surgery during which one of the Stevens ovaries was allegedly removed without consent was a myomectomy to remove uterine fibroids. The surgery was performed on January 26, 2010 by Dr. Kayani at Baptist Hospital.
Before the case is to go to trial it is to be mediated on July 19th. Should mediation fail it will then go to trial in August. Additionally, under Texas law, plaintiffs are required to submit to the court expert reports when medical malpractice claims are filed. These expert reports were filed by Stevens but Dr. Kayani objected to them saying they were “conclusory and speculative.” Dr. Kayani made these objections on August 6, 2012 but at the hearing on September 6, 2012 the judge denied the doctor’s objection and allowed the claim to continue.
Stevens is suing the doctor and the hospital for the alleged past and future mental anguish, medical expenses, and impairment she suffered.
While performing surgery doctors need to be cautious and careful. They should also ensure that all safety and precautionary measures are taken to avoid making mistakes. The victims of surgical errors have the right to hold the surgeon that made the error or the hospital liable for medical malpractice. Victims can file civil lawsuits to seek compensation for damages such as pain and suffering, cost of medical treatment, physical disability, and lost wages.
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