Medical Negligence Alleged in Wrongful Death Lawsuit

Austin, TX (Law Firm Newswire) September 24, 2019 – A widow, acting on behalf of herself and her husband’s estate, filed a lawsuit against Baylor St. Luke’s Medical Center and others alleging the medical providers’ negligence and breach of the standard of care in looking after her husband resulted in his wrongful death.

According to documents filed in court, the deceased was admitted to the hospital on November 3, 2017 for a heart condition. At that time, he received a left ventricular assist device, a medical device used in advance of a heart transplant. The patient had to be re-intubated January 4, 2018 and also had to undergo a tracheostomy January 9, 2018 as a result of an issue with the correct sized tracheostomy tube.
The tracheostomy tube is a curved tube inserted into a hole in the neck and windpipe. The tube has three parts: the outer cannula and neck plate, the inner cannula, and an obturator. The outer cannula holds the tracheostomy open. Cloth ties/velcro straps are attached to the neck plate to keep the tube in place.

Nine days later, on January 18, 2018, it is alleged that a nurse giving the patient a bath, dislodged the tracheostomy tube. Although numerous doctors responded to the emergency call, the patient suffered an anoxic brain injury and subsequently died January 22, 2018.
The lawsuit alleges medical negligence in the care of her husband and a breach in the duty of care that should have governed how the husband was cared for while in the hospital. The plaintiff seeks just relief, damages, interests and all other related costs incurred in the death of her husband.

“To be successful in a medical negligence, wrongful death lawsuit, the plaintiff must show that the doctor(s) or other medical staff were negligent and that the negligence caused a death,” outlined Austin wrongful death attorney, Brooks Schuelke. In terms of a wrongful death lawsuit, negligence means failing to exercise the degree of professionalism, judgment and diligence as a similar medical professional in the same speciality.

“It means a medical professional failed to uphold the applicable standard of care,” added Schuelke. “It is also important to note that when discussing or debating the standard care at trial or during a settlement negotiation, it almost always means that other medical experts in the field are involved.”

For those who are not sure that they have a medical negligence wrongful death case, reach out and connect with an experienced Austin wrongful death attorney. “I can help you to determine how such a case may be pursued, what the possible outcome could be and what your legal rights are in such a situation.”

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