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Judge Grants Texas Medical Malpractice Lawsuit Appeal Against Doctor

Posted on May 26, 2010

In November of 2006, 70-year-old Laura Sebile was suffering a number of medical problems when she went to the hospital for treatment. Although an X-ray showed signs of congestive heart failure, the doctor in charge of Sebile’s care performed unnecessary tests while neglecting to perform other tests. During what the woman’s husband and seven children say was an unneeded procedure, the doctor punctured the woman’s heart and she died 13 days later – after two weeks of not being able to speak or eat. Two years following her death, in October of 2008, her family filed a Texas medical malpractice lawsuit against the hospital, two doctors, and an anesthesiologist.

While Memorial Hermann Baptist Beaumont Hospital, one doctor, and the anesthesiologist were all dismissed from the Texas medical malpractice case, one doctor, Dr. Fallon Gordon, continues to be involved in the medical mistake lawsuit.

Dr. Shabir Bhimji, a cardiothoracic surgeon, acted as a medical witness in the initial medical malpractice proceedings, though the defense argued that his testimony was vague and unspecific. The defense also argued that Sebile was an old, unhealthy, and morbidly obese woman – factors that made her heath problems very difficult to diagnose accurately. The prosecution is arguing that Sebile’s lymph node biopsy was risky and that the doctor should have seen the signs of congestive heart failure in an x-ray taken earlier. Texas law necessitates a report from a medical expert for a medical malpractice trial to go forward.