A lawsuit has been filed against a medical center, a surgeon and anesthesiologist, for alleged negligence and gross negligence stemming from a patient that caught on fire while having a routine operation, as reported by Benzinga and other news media.
The patient later died.
Kay L. Van Wey, a Dallas-based attorney, is representing the family of S.S. The lawsuit was filed in Grayson County, Texas and name the Texoma Medical Center, Dr R.W and Dr. M.V.
Honorable Judge James P. Fallon in the 15th District Court of Texas will hear the case.
This is the second surgical fire lawsuit that Wey has prosecuted.
S.S. allegedly entered the medical center on June 8, 2009 to have a pacemaker implanted.
In the beginning of the surgery, per the suit, a surgical fire erupted that resulted in burns to S.S.’s scalp, face, neck, chest and right breast.
By the time the operating room staff was able to put out the fire, S.S. was already badly burned.
The pacemaker was never implanted that day at that hospital. S.S. chose to travel over 70 miles to Dallas’ Parkland Hospital.
When she arrived, Parkland listed her as critical.
To repair the scar tissue formations S.S. had to have several surgeries, some using skin grafted from her hip.
She also agreed to a second surgery, to implant the pacemaker, which was successful.
There are approximately 650 surgical fires yearly, all considered preventable, per the ECRI Institute. A heat source, a fuel source and an oxidizer usually cause them.
The suit states that all three were present in this matter because the operating room’s surgical team was negligent.
The suit alleges that Dr. R.W., the surgeon, was unable to control the cauterizer he was using, and Dr. M.V., the anesthesiologist, failed to check the oxygen level concentration in the room. Dr. M.V. is also accused of failing to ensure that S.S. only received a low level of oxygen.
The nurses, also cited in the suit, allegedly failed to keep the operating area dried of any excess skin prep cleanser.
The suit further states that the operating staff each have their own roles, and are to be aware of what each are responsible for. One precaution, that is believed to have failed, is that they should have been engaged in active communication.
Wey stated, “As patients, we are at the mercy of health care providers and are relying on them to do their job, which includes not making careless, mindless mistakes. Preventable medical errors are unacceptable. Preventable means that providers should be taking the proper precautions to ensure that these errors do not occur. That a patient such as (S.S.) would be subjected to a medical mistake that was completely preventable is tragic and senseless.”
S.S.’s family is seeking recovery for scarring, conscious physical pain and suffering and mental anguish prior to S.S.’s death. Along with that they also seek exemplary damages for gross negligent conduct, and pecuniary loss related to S.S.’s medical bills and funeral expenses.
Being hurt while under the care of a doctor, or a medical facility, are grounds for a lawsuit. Contact a medical malpractice lawyer today for help!