A fourth federal medical malpractice lawsuit has been filed against Texas’ Baylor Medical Center Plano and a former neurosurgeon whose Texas medical license was suspended in June 2013 and revoked by consent in December 2013 following complaints by former colleagues following the death of two patients and severe injuries suffered by other patients. The neurosurgeon was associated with the Texas hospital for nine months beginning in July 2011 and allegedly had a history of cocaine use.
The most recently filed Texas medical malpractice lawsuit reportedly alleges that the neurosurgeon incorrectly implanted spinal fusion hardware in the plaintiff that damaged his spine and caused severe nerve damage from bone fragments. The plaintiff alleges that he is in constant pain as a result.
The medical malpractice lawsuit alleges that the hospital knew of the serious allegations of the incompetency of the neurosurgeon but allowed him to continue to operate nonetheless. The medical malpractice lawsuit reportedly includes a letter of recommendation issued by the hospital that permitted the neurosurgeon to obtain temporary privileges at another Texas hospital despite its knowledge that one of the neurosurgeon’s patients was left a quadriplegic after surgery and another patient died while under the neurosurgeon’s care (at the new hospital, the neurosurgeon allegedly caused the death of one of his patients and caused harm to other patients).
The Texas Medical Board Proceedings
The Order of Temporary Suspension (Without Notice Of Hearing) issued by the Texas Medical Board (“Board”) on June 26, 2013 stated that the neurosurgeon, who had been licensed by the Texas Medical Board since December 9, 2010, “has engaged in a pattern of failing to follow appropriate preoperative planning standards, and failing to recognize and respond to complications during surgery and postoperatively. This pattern of practice places Respondent’s patients at significant risk of harm and has resulted in at least two patient deaths. Respondent is additionally unable to practice medicine with reasonable skill and safety due to impairment from drugs or alcohol … Based on the above Findings of Fact, the Panel finds an imminent peril to the public health, safety, or welfare that requires immediate effect of this Order of Temporary Suspension on the date rendered.” Source
The Board’s December 6, 2013 Agreed Order of Revocation stated, in part, “Respondent does not admit or deny the Findings and Conclusions of Law set forth in this Agreed Order. However, to avoid further investigation, hearings, and the expense and inconvenience of litigation, Respondent agrees to the entry of this Agreed Order and to comply with its terms and conditions.” The Board revoked the neurosurgeon’s Texas medical license but further provided, “Respondent may petition the Board for reissuance of his Texas Medical License after one year’s time from the effective date of this Agreed Order.” Source
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