Dallas Court of Appeals Revives Medical Malpractice Suit Brought by Client Blinded After Heart Surgery

April 5, 2013 in Case Summaries

Working with trial attorneys Kenneth Chaiken and Robert Chaiken, Jeff Levinger persuaded the Dallas Court of Appeals to reverse the trial court’s dismissal of a medical malpractice lawsuit brought by their clients, Ronald and Pam Fortner.  Mr. Fortner became totally and permanently blind in the days following a cardiac bypass procedure, when his physicians and nurses failed to timely obtain appropriate treatment and consultations after he began complaining about visual problems.  The trial court dismissed the case on the ground that the expert reports did not adequately explain the element of causation, but after reading the Fortners’ brief and hearing oral argument, the court of appeals held that the trial court had abused its discretion and remanded the case for further proceedings.  Fortner v. Hospital of the Southwest, et al., 399 S.W.3d 373 (Tex. App. ‑‑ Dallas 2013, no pet.).

Courts:  Texas Intermediate Appellate Courts
Subject Matter:  Products Liability & Personal Injury