Medical negligence lawsuit filed by Michael A. Stuart, the plaintiff, against Dr. Oliver Lee Kesterson and the Center for Neurological Disorders (CND), the defendants. The case is filed in the Tarrant County Judicial District, Texas.
Plaintiff’s Background: Michael A. Stuart, a veteran officer of the United States Air Force, is currently under medical care at the Dallas VA Medical Center.
Defendants’ Background:
- Oliver Lee Kesterson, holding a Texas Medical License and practicing at CND.
- CND, a neurological treatment facility managed by Dr. George F. Cravens.
Factual Background:
- Stuart was referred to Dr. Kesterson and CND by the Dallas VA Medical Center for specialized surgical procedures.
- In March 2021, Stuart consulted Dr. Kesterson for chronic back pain and was recommended surgery on the L2-L4 spine levels.
- Pre-surgical imaging identified issues at L2-L3 and L3-L4 spine levels.
- In August 2021, surgery was performed, but Dr. Kesterson deviated from the agreed surgical plan, fusing the L1-L3 levels without prior consent.
- Post-surgery, there were discrepancies in medical records, a lack of communication, and cessation of practice by Dr. Kesterson and CND.
- The Texas Medical Board took action against Dr. Kesterson for the unexplained surgical deviation.
- Stuart faced severe mobility challenges and a failed surgical outcome.
Legal Issues: Did the deviation from the agreed surgical plan and the lack of post-surgical care cause the plaintiff’s complications?
Legal Arguments:
- Duty of Care: Medical professionals owe patients a duty of care.
- Breach of Duty: Deviation from the surgical plan without informed consent.
- Causation: The surgical changes led to deteriorating health and mobility challenges.
- Damages: Substantial medical expenses, pain, suffering, decreased quality of life.
Applicable Statutes and Precedents:
- Texas Medical Liability Act.
- Texas Occupations Code Section 164.002(d).
- Texas Health & Safety Code § 241.103.
- Texas Penal Code § 37.10.
- Doctrine of Res Ipsa Loquitur.
- Breach of Contract under the VA Community Care Provider Program.
- Reference to Wrong-level surgery as a “never event” in healthcare.
Request for Relief:
- Economic damage for medical costs, lost earnings.
- Non-economic damages for pain, anguish.
- Any other appropriate relief.
Notice of Intent to File:
Compliance with Texas Civil Practice and Remedies Code §74.051, with written notice provided to each defendant.
Plaintiff’s Information:
– Michael A Stuart, 1800 Main St, Dallas, TX 75201.