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Surgery Against His Will? Texas Man Files Medical Malpractice Suit

Posted on Jan 22, 2010

Is it a case of medical malpractice if a doctor forces you to have surgery in order to remove a piece of criminal evidence? This is the question put to the Texas Ninth District Court of Appeals in Beaumont, Texas, regarding a young man with a bullet in his forehead that had been linked to a robbery.

After a robbery and gunfire at a used car lot in Port Arthur in 2006, police issued a search warrant that they say gave an emergency room doctor the right to remove a bullet lodged in the skull of 17-year-old Joshua Bush. Although Bush both verbally and physically tried to prevent the operation, Dr. David Parkus attempted to perform the operation at Christus Hospital St. Elizabeth in Beaumont. Bush was strapped to a table. The bullet was not removed after the surgeon discovered that the skull had grown around the object and additional equipment and preparation was needed.

Bush sued the doctor for medical malpractice, claiming medical battery, but a judge threw out the case since Bush did not have a medical expert to defend him. However, Bush is appealing the case on the grounds that there was never a physician-patient relationship between Parkus and Bush and that an expert is therefore not needed. Bush claims that the partial surgery resulted in mental anguish as well as personal injury.

In 2007, Bush was cleared of all criminal charges stemming from the used car lot shooting and robbery. A Jefferson Court jury found him not guilty without the police using the evidence of the bullet.