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Systemic Gaps in Care

The medical malpractice trial in Jefferson County’s 172nd District Court was for the benefit of Kiet “Ricky” Tuan Do, who at age 33, was left permanently disabled…law.com, Beaumont Jury Awards $59.7M to Man Paralyzed From Medical Neglect, Adolfo Pesquera, Oct 2024

 

Do was allegedly an able-bodied process operator who on Aug. 13, 2019 came into Christus Southeast Texas Mid-County Outpatient Center, a non-hospital freestanding clinic in Port Arthur, complaining of excruciating shoulder, neck and back pain.

 

While at the clinic, Do’s legs collapsed. The emergency room physician ordered a CT scan of his cervical spine and brain but the results came back normal.

 

The ER doctor diagnosed Do with rhabdomyolysis, a medical condition that occurs when damaged muscle breaks down and releases its contents into the blood. The patient was immediately transferred to Baptist Hospital in Beaumont for a neurological workup.

 

The complaint notes that Baptist Hospital records described Do’s symptoms as “moderate,” contrary to the excruciating pain nurses noted at Christus Outpatient.

 

Among the protocols allegedly not followed were no immediate neurological assessments, no monitoring of the patient, a failure to perform a timely MRI, and no follow-up with Girishkumar Kansara, the physician responsible for Do’s care.

 

When Kansara did order the MRI, he placed a “regular” order when a high priority “STAT” order was appropriate under the circumstances.

 

Not until 20 hours after Do first sought emergency care was the MRI reviewed to reveal severe a extradural mass or bleeding on his cervical spine.

 

The hospital and Kansara were the named defendants at trial. Four other defendants, three doctors among them, either settled or were dismissed prior to trial.

 

The jury verdict held Baptist Hospital 90% at fault and Dr. Kansara 5% at fault. A doctor who was no longer a defendant was cited as also 5% at fault.

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