Clara Bell, et al vs. Husnain Ashraf, MD, et al

Case Background

On July 20, 2020, Plaintiff  Lori LaRock filed a Medical malpractice  and Wrongful death lawsuit in the  Texas State, Dallas County, 95th District Court (Case number: DC-20-09860). Monica Purdy presided over this case.

Cause

In 2018, Benjamin Bell Jr., a 72-year-old man with dementia, lived under the care of his wife, Clara Bell, and received hospice care through Total Hospice and Palliative Care (THPC). Due to his increasing agitation, THPC staff recommended inpatient psychiatric care to adjust his medications.

On July 20, 2018, Clara Bell and their daughter, Wendy Watson, brought him to the Methodist Campus for Continuing Care Emergency Department (MCCC). They provided his medication profile, which indicated he was prescribed low-dose morphine sulfate (0.25 ml to 1 ml). Despite this, a clerical error delayed his admission to the Behavioral Health Unit until July 23, 2018, under the care of Dr. Husnain Ashraf. During the wait, the staff did not administer morphine.

On July 24, 2018, at 11:25 a.m., Benjamin was transferred to the Behavioral Health Unit. Despite knowing his sensitivity to opioids, Dr. Ashraf prescribed a 90 mg extended-release morphine tablet at 1:30 p.m., which was administered by 2:05 p.m. By 5:40 p.m., Benjamin was found unresponsive from an opioid overdose, experiencing acute respiratory failure. He was transferred to Methodist Richardson Medical Center’s ICU and received a Narcan infusion to counteract the overdose.

Though the Narcan infusion stabilized his oxygen levels, the overdose caused irreversible cognitive and motor damage. He could no longer move, communicate, or swallow independently. On August 2, 2018, he was discharged to Rebecca’s Group Home. On August 3, his condition deteriorated, and on August 4, 2018, at 2:40 a.m., he passed away. The opioid overdose and resulting oxygen deprivation significantly contributed to his death.

Injuries

Benjamin Bell Jr. suffered catastrophic injuries due to the medical malpractice of Dr. Husnain Ashraf and the staff at Methodist Health System. The administration of an excessive 90 mg extended-release morphine dose caused an opioid overdose, leading to acute respiratory failure. This medical error deprived his brain of oxygen, causing severe cognitive decline.

After the overdose, he lost his ability to speak effectively, move independently, and swallow properly. His quality of life deteriorated significantly in the days leading up to his death. These injuries directly resulted in his wrongful death on August 4, 2018.

Damages

Clara Bell, Wendy Watson, and Mistee McPherson, the surviving family members of Benjamin Bell Jr., suffered significant damages due to this medical malpractice and wrongful death. They pursued compensation for the following damages:

Wrongful-Death Damages:

  • Mental anguish experienced in the past and future.
  • Loss of companionship and society.
  • Loss of household services that Benjamin Bell Jr. would have provided.
  • Pecuniary losses, including financial contributions Benjamin Bell Jr. would have made.
  • Loss of inheritance due to his premature death.
  • Funeral expenses incurred by the family.

Survival Action Damages:

  • Pain and suffering endured by Benjamin Bell Jr. before his death.
  • Mental anguish he experienced during the opioid overdose and its aftermath.
  • Physical disfigurement and impairment caused by the overdose.
  • Medical expenses incurred for his treatment before his death.
  • Funeral expenses incurred by his estate.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Clara Bell | Wendy Watson | Mistee McPherson
    • Counsel for Plaintiff: Jennifer Birdsall | Mark Taylor | John H Allen
  • Defendant(s): Husnain Ashraf, MD | Methodist Hospitals of Dallas DBA Methodist Health System
    • Counsel for Defendants: Edward P Quillin | Brandon Kulwicki | DwayneU. Barrs, Jr.

Claims

Claims for Medical Negligence

The plaintiffs filed claims for medical negligence against Dr. Husnain Ashraf and Methodist Health System. Dr. Ashraf failed to uphold the standard of care expected of a reasonable and prudent healthcare provider. He prescribed a dangerously high dose of morphine without considering Benjamin Bell Jr.’s medical history, which clearly indicated a need for lower dosages.

Dr. Ashraf also neglected to conduct a proper medication reconciliation before prescribing the 90 mg extended-release morphine. The hospital staff failed to monitor Benjamin Bell Jr.’s condition adequately, delaying recognition of the opioid overdose and necessary emergency intervention.

Gross Negligence and Vicarious Liability

The plaintiffs asserted gross negligence against Dr. Husnain Ashraf. He knowingly prescribed a high-risk medication dosage without due consideration for the patient’s vulnerability, displaying a conscious disregard for patient safety.

The plaintiffs also held Methodist Health System accountable under vicarious liability. The hospital bore responsibility for the actions of its medical staff, who failed to provide appropriate care. This medical malpractice and failure to ensure proper medication administration contributed directly to Benjamin Bell Jr.’s wrongful death.

Defense

Defendants Dr. Husnain Ashraf and Methodist Health System denied allegations of medical negligence and wrongful death in the case involving Benjamin Bell Jr. They claimed they provided care that met the required standards of medical practice. Dr. Ashraf argued that his actions did not contribute to Benjamin Bell Jr.’s injuries or death, suggesting that the damages were due to pre-existing or subsequent conditions. He also claimed the incident was an unavoidable occurrence and that other “new and independent causes” might have contributed to the injuries.

Methodist Health System also denied any wrongdoing, particularly regarding a clerical error that allegedly delayed Benjamin Bell Jr.’s admission. They argued that none of the doctors involved were their employees or agents, emphasizing that the hospital, as per Texas law, does not practice medicine. The hospital maintained that it acted responsibly and did not breach any duty of care.

Both defendants contended that the plaintiffs failed to provide specific details about the claims, damages, and responsible parties. They requested more precise allegations and proof from the plaintiffs. Additionally, they invoked legal defenses such as proportionate responsibility, arguing that any other contributing parties should share the liability. They also referenced statutory caps on damages and limits on punitive damages, asserting their rights under the Texas Civil Practice and Remedies Code.

Jury Verdict

On November 22, 2024, the jury awarded damages to the plaintiffs — Clara Bell, Wendy Watson, and the estate of Benjamin Bell Jr. — for the harm they suffered due to medical negligence. The jury granted $45,000 for past physical pain and suffering to Benjamin Bell Jr. for the distress he endured before his death.

Clara Bell, his wife, received:

  • $500,000 for past loss of companionship and society,
  • $500,000 for past mental anguish, and
  • $300,000 for future mental anguish.

Wendy Watson, his daughter, received:

  • $100,000 for past loss of companionship and society,
  • $200,000 for past mental anguish, and
  • $100,000 for future mental anguish.

The total damages awarded amounted to $1,745,000 in a Wrongful death lawsuit.

Court Documents:

Documents Available for Purchase upon Request