Man Files Medical Malpractice Lawsuit after Swallowing Chicken Bone
Posted on Jan 6, 2009 12:54pm PST
In Southeast Texas, defendants involved in a
medical malpractice lawsuit recently motioned for a dismissal.
According to reports, the plaintiff, the family of Charles West, filed a medical malpractice lawsuit against Memorial Hermann Baptist Beaumont Hospital and two of the hospital's physicians in 2007. The lawsuit was filed after West swallowed a chicken bone. While he did not choke on the bone, the bone continued through his system, and eventually tore a hole in his bowel. The hole led to his sudden death a few days later.
In December 2007, West's family filed a lawsuit against the hospital and two physicians, blaming the defendants for West's death. The family claimed that the hospital's negligence following West's emergency surgery (to repair his bowel) led to the 74 year old man's death.
Yesterday, the defendants were supposed to partake in a motion to dismiss hearing in the 136th District Court. The judge scheduled to preside over the case, Milton Shuffield, was expected to listen to arguments for dismissal. However, court personnel report that the hearing had to be rescheduled for another time because the plaintiffs submitted their answer to the motion only a few hours before the hearing was set to begin. The defendants wanted time to review the 50 page motion before moving forward.
The defendants are expected to argue that the plaintiff's medical reports are insufficient and do not warrant a medical malpractice lawsuit. Despite expert testimony citing the hospital's negligence, the defendants counter that the lawsuit lacks foundation and should be dismissed.
Click here to find a
Texas medical malpractice lawyer!