$59M Verdict After Hospital's Delayed Diagnosis Causes Paralysis

A Texas jury has awarded more than $59 million to Kiet "Ricky" Tuan Do, who was left paralyzed following a delayed diagnosis and treatment at Baptist Beaumont Hospital. The case highlights critical concerns surrounding timely medical intervention and hospital accountability in malpractice lawsuits.

Failure to Provide Timely Care Leads to Paralysis

Do's ordeal began on August 13, 2019, when he sought emergency care for severe shoulder, neck, and back pain at Christus Southeast Mid-County Outpatient Center. His initial CT scan, interpreted as normal by Dr. Margaret McKernan, led to his transfer to Baptist Beaumont Hospital. However, the situation worsened upon his arrival.

According to Do’s petition, Baptist Beaumont Hospital delayed essential medical assessments and failed to perform an MRI until over 20 hours after he initially sought care. Despite the MRI revealing a critical mass on his cervical spine, the review was further delayed by five hours, extending the critical window of inaction. By the time Do was transferred to St. Luke's Hospital in Houston for an emergency surgery, the damage was irreversible, leaving him paralyzed.

Jury Assigns 90% Fault to Baptist Beaumont Hospital

The two-week trial culminated in a significant jury verdict. Baptist Beaumont Hospital was found 90% at fault for Do’s injuries, with doctors Girishkumar Kansara and Isaac Choi each bearing 5% of the blame. Notably, Dr. Choi had been dismissed from the case before the trial commenced. The jury found that the hospital’s negligence directly resulted in Do’s paralysis, emphasizing that timely medical care could have potentially prevented the catastrophic outcome. In contrast, Christus and McKernan were absolved of any fault and dismissed from the case early on.

The jury's award to Do reflects a comprehensive approach to compensating him for the immense physical and emotional toll of the incident:

• $9.7 million for future medical expenses
• $4.9 million for loss of past and future earning capacity
• $16 million for past and future pain
• $16.8 million for past and future mental anguish
• $12.5 million for past and future physical impairment

Implications for Future Medical Malpractice Lawsuits

The verdict in Do’s case sets a significant precedent in medical malpractice litigation, particularly in cases where hospitals delay diagnostic procedures. Delayed or negligent medical care, especially in emergency situations, remains a leading cause of malpractice lawsuits. This case underscores the potential consequences of inadequate hospital oversight and reinforces the importance of timely medical intervention.

Do’s attorney, Cody A. Dishon, emphasized that such a ruling serves as a reminder of the responsibilities medical institutions owe to their patients: “This verdict makes it clear that hospitals and their staff must act swiftly and competently when lives are at stake.” His comments echo a growing concern in the legal community about ensuring accountability for medical errors that result in life-altering consequences for patients.

Legal Responsibility and Hospital Accountability

The legal landscape of medical malpractice is complex, and this case exemplifies the intricacies of determining liability. Baptist Beaumont Hospital’s failure to monitor and assess Do’s condition within a reasonable timeframe was a critical factor in the jury’s decision. With the hospital bearing the majority of the blame, the case may prompt medical institutions to revisit their emergency protocols and reinforce standards of care to prevent similar incidents.

Despite the dismissal of Dr. Kansara and Dr. Choi from primary liability, their involvement in Do’s care highlights the roles individual healthcare providers play in such cases. Though Christus and McKernan were absolved of liability, the scrutiny placed on diagnostic procedures, particularly in cases involving severe conditions like spinal masses, could influence future malpractice suits involving medical professionals.

The Broader Impact on Healthcare Standards

This landmark settlement is a reminder of the potential consequences of medical malpractice and negligence. With $59 million awarded to Do, the case may influence how hospitals approach the urgency of patient care in critical situations. The trial also brings attention to the role of litigation in enforcing medical accountability and ensuring patients receive the care they deserve.

As hospitals and healthcare providers assess the ramifications of this case, the outcome serves as a crucial reminder: timely and effective medical intervention can mean the difference between recovery and lifelong disability, a lesson that will likely shape future healthcare policies and practices across the nation.

The case, Do v. Baptist Hospitals of Southeast Texas, is one of the more significant medical malpractice verdicts in Texas this year and is expected to resonate throughout the healthcare and legal industries for years to come​​.

Legal Representation:

• Kiet "Ricky" Tuan Do was represented by Cody A. Dishon and Javier Cabanillas of The Ferguson Law Firm LLP, known for their expertise in personal injury and medical malpractice cases.
• Baptist Beaumont Hospital was defended by Curry Cooksey and Missy Khan of Cooksey Khan Quinones PLLC, a firm specializing in healthcare defense and complex litigation.
• John Serpe and Taylor K. Taylor of Serpe Andrews PLLC, a Houston-based defense firm, represented Dr. Girishkumar Kansara, one of the doctors named in the suit​​.

The case, Do v. Baptist Hospitals of Southeast Texas, is one of the more significant medical malpractice verdicts in Texas this year and is expected to resonate throughout the healthcare and legal industries for years to come.