Texas Medical Regulatory Environment Highlights the Need for Strong Medical Negligence and Malpractice Attorneys

by Wormington & Bollinger

Last year, the Texas Observer published a shocking report detailing the tragic career of a neurosurgeon named Dr. Christopher Duntsch. The report explains that Duntsch, and M.D. and Ph.D., began a surgery practice in Dallas in 2010.

Over the coming years, Duntsch made many critical and amateur surgical errors which tragically left patients dead or disabled. For example, during a routine surgery on a patient named Kellie Martin, “Duntsch had sliced through one of the arteries alongside Martin’s spine…he hadn’t noticed in time, and Martin bled to death.”

This is just one of several horrific stories describing Duntsch’s surgical misadventures. Other doctors quoted in the article describe Duntsch as “a sociopath”, “Hannibal Lecter”, and “the worst surgeon I’ve ever seen.”

Perhaps most horrifying of all, however, is the systemic failure of the Texas medical regulatory environment in preventing and policing Duntsch’s chronic malpractice. Although the Texas medical board received multiple reports and complaints from many other doctors, they were either unwilling or unable to prevent Duntsch from practicing.

Dr. Robert Henderson reports filing a forceful complaint to the Texas Medical Board, stating, “You don’t seem to understand. This guy already killed somebody, made another a quad, made a partial paraplegic out of my patient…he needs to be stopped.” However, the Board’s response was ineffectual, suggesting that Henderson fill out a report, that would be read in 30 days.

Ultimately, more than a year passed between Kellie Martin’s death, and Duntsch’s eventual suspension. During this time, 5 patients were seriously injured, and one was killed. This abysmal regulatory performance raises the question, “If it took a year to stop a doctor accused of this much, what else is getting through?”

The report concludes that while Duntsch himself is clearly to blame for his malpractice, the legal climate in Texas seems to protect doctors at the expense of the safety and wellbeing of patients. It takes an inordinate effort for the Texas Medical board, an organization which is small and underfunded, to take an effective action to rescind a doctor’s licence.

For victims and their families, the only option for justice may be a medical negligence or malpractice lawsuit. This legal action can help to cover other medical expenses you may incur. A successful malpractice judgement may also prevent incompetent doctors from continuing their practice. If you or a loved one has been a victim of medical negligence or malpractice in Dallas or surrounding areas of Texas, please Contact Wormington & Bollinger today.