Ricky  Do v. Baptist Hospitals of Southeast Texas, et al

Case Background

On May 21, 2020, Plaintiff  Kiet “Ricky” Tuan Do filed a Medical Malpractice case in the Texas State, Jefferson County District Court (Case number: E-207079). This case was assigned to Judge  Mitch Templeton

Cause

A critical medical negligence case unfolded when patient Do experienced excruciating shoulder, neck, and back pain, prompting him to seek immediate medical attention at Christus Southeast Texas Mid-County Outpatient Center, a non-hospital freestanding clinic in Port Arthur. The severity of his condition became evident when his legs suddenly collapsed at the facility. The medical staff performed a CT scan of his cervical spine and brain, both of which showed normal results. The ER physician diagnosed Do with rhabdomyolysis, a condition in which damaged muscle tissue releases its contents into the bloodstream. The medical team then transferred him to Baptist Hospital in Beaumont for a neurological evaluation.

The medical negligence continued at Baptist Hospital, where staff downgraded his documented symptoms to “moderate,” contradicting the severe pain levels previously noted at Christus Outpatient. Dr. Girishkumar Kansara, the attending physician, failed to perform immediate neurological assessments and did not adequately monitor the patient. The hospital’s emergency room malpractice became more apparent when Dr. Kansara ordered a regular MRI instead of a STAT priority scan, further delaying crucial diagnosis and treatment. The situation took a critical turn when the MRI, performed 20 hours after admission, revealed a severe extradural mass or bleeding on Do’s cervical spine. The spine injury misdiagnosis and subsequent delay led to his transfer to St. Luke’s Hospital in Houston, but by that time, approximately 30 crucial hours had already elapsed since his initial admission to Baptist Hospital.

Injuries

The healthcare facility negligence resulted in devastating consequences for Do, who became paraplegic due to the spinal cord injury treatment delay. Following extensive rehabilitation therapy, he regained limited mobility in his left arm, allowing him to raise it to shoulder level, touch his face, and maintain minimal control of his left thumb and index finger. The neurological injury compensation case highlighted the severity of his condition, as he retained only slight movement in his right arm and suffered a complete loss of leg function, along with persistent numbness.

Damages

The hospital negligence lawsuit encompassed comprehensive damages. Do sought compensation for projected future medical expenses related to his permanent disability. The claim also included past and future loss of earning capacity, acknowledging the profound impact on his ability to work. The medical malpractice spinal injury case further addressed compensation for past and future physical pain, recognizing the ongoing nature of his suffering. Do pursued damages for both past and future mental anguish, acknowledging the psychological trauma of his condition. Additionally, the claim sought compensation for past and future physical impairment, reflecting the permanent limitations he now faces in daily life.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Kiet “Ricky” Tuan Do
    • Counsel for Plaintiff: Cody A. Dishon | Javier Cabanillas
  • Defendant(s): Baptist Beaumont Hospital | Girishkumar Kansara | Issac Choi
    • Counsel for Defendants: Curry Cooksey | Missy Khan | John Serpe | Taylor K. Taylor

Key Arguments or Remarks by Counsel

Do’s attorney, Cody A. Dishon, emphasized that such a ruling serves as a reminder of the responsibilities medical institutions owe to their patients: “This verdict makes it clear that hospitals and their staff must act swiftly and competently when lives are at stake.”

Claims

The Medical Malpractice case outlined several critical failures in Do’s care. The patient alleged that Baptist Hospital violated standard medical protocols through multiple instances of negligence. These included the failure to perform immediate neurological assessments upon his admission, inadequate patient monitoring throughout his stay, and significant delays in conducting necessary MRI imaging. The hospital negligence extended to Dr. Kansara’s insufficient oversight and follow-up care. The emergency room malpractice case highlighted the improper prioritization of diagnostic testing, particularly the decision to order a regular MRI rather than a STAT priority MRI. The spinal cord injury case emphasized the critical 30-hour delay in transferring Do to an appropriate care facility, directly contributing to his permanent disability.

Defense

In response to the allegations of negligence, the defense in this medical malpractice case argued that Baptist Hospital provided appropriate care according to established medical standards. They contended that the documentation of Do’s symptoms as “moderate” was an accurate reflection of their clinical assessment, noting that pain levels can fluctuate and vary between medical professionals. Dr. Girishkumar Kansara’s defense team emphasized that his medical judgment, supported by normal CT scan results, was appropriate, and the decision to order a regular MRI instead of a STAT MRI was consistent with standard protocols, given Do’s stable condition.

The hospital’s legal team further disputed claims of emergency room malpractice, asserting that triage protocols were followed, and continuous monitoring was provided. They maintained that the treatment timeline was reasonable, considering the complexity of the case. The defense argued that the transfer to St. Luke’s Hospital occurred appropriately after diagnostic results indicated the need for specialized care.

The defense also addressed the neurological injury management, presenting evidence of regular assessments and highlighting the inherent challenges in diagnosing and treating spinal conditions. They argued that some degree of paralysis might have been unavoidable, regardless of treatment timing, due to the severity of Do’s condition. Additionally, the defense challenged the spine injury misdiagnosis, claiming that expert testimony supported their diagnostic approach and that there was no clear causal link between the timing of interventions and the outcome. They contended that the paralysis could be attributed to the natural progression of Do’s condition and other factors outside their control.

Jury Verdict

On September 27, 2024, the jury found Baptist Beaumont Hospital 90% at fault for Do’s injuries, with doctors Girishkumar Kansara and Isaac Choi each responsible for 5%. The jury determined that the hospital’s negligence directly caused Do’s paralysis, noting that timely medical care could have prevented the catastrophic outcome. The total award for the Plaintiff amounted to $59,688,817 in a Medical Malpractice case, which included:

  • $9,692,654 for future medical costs
  • $5,500,000 for past physical impairment
  • $7,000,000 for future physical impairment
  • $594,326 for past loss of earning capacity
  • $4,301,837 for future loss of earning capacity
  • $1,800,000 for past physical pain
  • $14,200,000 for future physical pain
  • $5,700,000 for past mental anguish
  • $10,900,000 for future mental anguish

Court Documents:

Available Upon Request