Dallas Doctor Faces Texas Medical Malpractice Lawsuit

A Dallas-area neurosurgeon faces a Texas medical malpractice lawsuit for his incompetent performance of several spinal surgeries. The Texas medical malpractice lawsuits also cite Baylor Regional Medical Center at Plano and the Baylor Health Care System as defendants, claiming that they promoted Dr. Christopher Duntsch’s practice and referred patients to his spinal surgery center. The suit also alleges Dr. Duntsch performed “unnecessary and ill-conceived surgeries” to bring in additional revenue to the Baylor Health Care System.

Texas Medical Malpractice Lawsuit Cites Substance Abuse

The chief plaintiff in the Texas medical malpractice lawsuit, Mr. Kenneth Fennell of Denton County, claims that Dr. Duntsch had a history of substance abuse problems prior to his hiring at Baylor in 2011. The suit states that Dr. Duntsch had abused cocaine, alcohol, and prescription medications since 2008. The Texas medical malpractice lawsuit cites statements from Baylor employees who claim to have witnessed Dr. Duntsch binging on cocaine for up to four days at a time, sometimes just hours prior to a surgical procedure.

Patient Injuries Spur Texas Medical Malpractice Lawsuit

Mr. Fennell’s Texas medical malpractice lawsuit also cites numerous injuries attributed to Dr. Duntsch’s operations. The suit cites a February 2012 operation Dr. Duntsch performed that rendered the patient a quadriplegic. The patient reportedly told the ICU nursing staff that he had seen Dr. Duntsch taking drugs the night prior to the surgery. The Texas medical malpractice lawsuit also cites other procedures in which patients were injured, paralyzed, or suffered severe blood loss.

Texas Medical Malpractice Lawsuit Targets Hospitals

The Texas medical malpractice lawsuit against Baylor cites the fact that the hospital suspended Dr. Duntsch’s surgical privileges, but reinstated him a month later. A month after having his privileges reinstated, a patient on whom Dr. Duntsch performed surgery died from a massive blood loss. The hospital reportedly requested that Dr. Duntsch resign, but instead he hired an attorney and negotiated that the hospital issue a letter of reference for him.

Texas Medical Malpractice Lawsuit Ruling Favors Hospitals

Despite some of the apparent mistakes made by Baylor executives, the structure of state law often favors the hospital in a Texas medical malpractice lawsuit. A 1997 ruling by the Texas Supreme Court stated that plaintiffs in a Texas medical malpractice lawsuit must prove that hospitals showed malice in their conduct. Otherwise, the court would make a summary judgment in favor of the hospital.

Source: Dallas Business Journal

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