A Texas jury has awarded $59 million to Kiet “Ricky” Tuan Do, a man who became permanently disabled due to medical negligence by Baptist Hospitals of Southeast Texas and its doctors. This landmark verdict highlights the severe consequences of delayed diagnosis and underscores the critical importance of timely medical intervention.
Overview of the Case
The medical malpractice trial, held in Jefferson County’s 172nd District Court, centered on the case of Do, who was just 33 years old when he suffered life-altering injuries. Cody Dishon, ownership partner at The Ferguson Law Firm and lead counsel for the plaintiff, argued that earlier intervention could have prevented Do’s paralysis.
On August 13, 2019, Do, an able-bodied process operator, sought treatment at Christus Southeast Texas Mid-County Outpatient Center, a non-hospital freestanding clinic in Port Arthur, for severe shoulder, neck, and back pain. While at the clinic, Do’s legs collapsed. An emergency room physician ordered a CT scan of his cervical spine and brain; however, the results returned normal. The ER doctor diagnosed him with rhabdomyolysis, a condition resulting from damaged muscle breaking down and releasing its contents into the bloodstream. Subsequently, Do was transferred to Baptist Hospital in Beaumont for a neurological evaluation.
Despite the excruciating pain documented by nurses at the outpatient clinic, the Baptist Hospital records classified Do’s symptoms as “moderate.” The complaint alleges that hospital staff failed to follow essential protocols, including the lack of immediate neurological assessments, patient monitoring, timely MRI scans, and follow-ups with Dr. Girishkumar Kansara, the physician responsible for Do’s care.
Dr. Kansara ultimately ordered an MRI but marked it as a “regular” request instead of a high-priority “STAT” order. It wasn’t until 20 hours after Do first sought emergency care that the MRI was reviewed, revealing a severe extradural mass or bleeding on his cervical spine. Tragically, by the time Do arrived at St. Luke’s Hospital in Houston for surgery, 30 crucial hours had passed since his initial complaint of pain.
The Role of Medical Experts
During the trial, a comprehensive range of witnesses, including Do, his family, and various medical professionals, testified about the profound impact of the hospital’s negligence on Do’s life. The witness list included neurosurgeons, internal medicine physicians, nurses, and a life care planner, all of whom helped illustrate the medical missteps that led to this devastating outcome.
The jury ultimately found Baptist Hospital 90% at fault and Dr. Kansara 5% at fault, with another physician cited for 5% fault.
Jury Verdict and Implications
The jury’s award reflects a careful consideration of the extensive physical and emotional toll on Do due to the hospital’s negligence. The breakdown of the compensation included:
- $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
This case is a stark reminder of the importance of prompt medical assessment and intervention. The financial compensation awarded to Do underscores the critical role of medical professionals and expert witnesses in medical malpractice litigation.
