Reid Martin And Jack Walker Talk About ETMC Negligence Case
Reid Martin and Jack Walker discuss the case against East Texas Medical Center hospital. The lawsuit resulted in a $43.32 million verdict.
TYLER, Texas – A jury has awarded a $43.32 million verdict against Tyler-based East Texas Medical Center and one of its doctors, finding the hospital grossly negligent in its retention and supervision of a doctor on probation whose abandonment and improper care led to a patient’s complete loss of his quality of life and ability to provide for his family.
In reaching the gross negligence verdict, jurors agreed that the hospital had put its patients in extreme risk by allowing Dr. Gary Boyd to treat them even though the Texas Medical Board had placed him on probation which automatically suspended his hospital privileges pursuant to the hospital’s bylaws and policies.
Lawyers from Tyler-based Martin Walker PC argued the hospital’s bylaws should have prevented Dr. Boyd from treating 61-year-old Billy Pierce who was hospitalized with stomach pain and vomiting in April 2014. Jurors heard testimony that Dr. Boyd erroneously concluded that Mr. Pierce had an anatomical abnormality that made it impossible to surgically remove bile duct stones.
Mr. Pierce was in an induced coma for more than a month and effectively abandoned by Dr. Boyd and the hospital, the Martin Walker trial team argued. When the hospital finally sought a second opinion, the new doctor rejected Dr. Boyd’s diagnosis and performed surgery without complication.
“Hospitals have a supreme duty to provide safe and effective care to patients, and that duty must come before everything else,” said Martin Walker attorney Reid Martin, who along with name partner Jack Walker and attorney Marisa Schouten represented Mr. Pierce. “By allowing a dangerous doctor, who had lost his hospital privileges to continue to treat patients, this was a tragedy waiting to happen.”
Dr. Boyd was put on probation in June 2013 after the Texas Medical Board found glaring deficiencies in his treatment of a patient in a case similar to Mr. Pierce’s. In that matter, the medical board found that Dr. Boyd failed to adequately document a patient’s records, inaccurately diagnosed the patient, and performed medically unnecessary procedures. For example, the board found that Dr. Boyd had inaccurately described the location of a patient’s ulcer and claimed that he had performed multiple biopsies to test for cancer when he had not.
The jury verdict included $18.57 million for past and future pain, anguish, loss of earning capacity, and medical care and expenses. The jury found that the hospital was 90 percent liable for the damages, while Dr. Boyd was 10 percent liable. With the gross negligence finding, the jury ordered $25 million in exemplary damages, finding that the hospital’s conduct involved an extreme risk of potential harm to others.
The case is Billy Pierce v East Texas Medical Center and Dr. Gary Boyd and the ETMC Digestive Disease Center, Cause No. 16-0853-C in the 241st District Court in Smith County.
Martin Walker PC is a Tyler-based law firm with significant trial expertise representing individuals and businesses in high-stakes litigation, including medical malpractice, catastrophic injuries involving 18-wheeler accidents, oilfield injuries, wrongful death, and product liability. For more information visit: http://www.martinwalkerlaw.com/
Updates to Case Involving Nurse Charged with Murder of Patients in Tyler Hospital
It was a very dark time for Tyler back when William George Davis a 34-year-old from Hallsville decided to inject air into arterial lines of patients recovering from heart surgery in January of this year. William managed to inject air into a total of 7 patients’ arterial lines. The horrific events resulted in 2 people dying, and 2 were forced by the incident into a vegetative state. The question is how could this have happened; especially over such a long period of time? His first incident dates all the way back to June 22nd of 2017 and the most recent being in January of 2018. William was not fired until February 15th 2018. His license was only suspended March 16, 2018; It was finally revoked in April of this year.
This is why we here at Martin Walker Law do what we do. If it were not for us these types of events would happen more often. This event should be used as a lesson to all local hospitals. A lesson to be on guard for any suspicious behavior; even that of their own staff. William was indicted June 21, 2018, for murder and two counts of aggravated assault with a deadly weapon. The court is in process of setting a scheduling order. Pre-trial hearings have not yet been set.
If you or someone you know has been affected by malpractice, seek help immediately. We suggest not waiting for 2 years or more from the date you were affected. It’s our duty at Martin Walker Law to represent you to the standard that we believe is necessary to tackle any case.
Call Martin Walker Law today at (903) 526-1600 for a free consultation. Let us help you.
Common Medical Malpractice Myths
To most, contacting a lawyer is daunting. After overcoming such stress, many people see just another battle to fight after they feel they’ve fought an entire war. It’s understandable. Which means getting the right attorneys for the job. Attorneys that will represent you and assist in fighting that battle for justice to you, your friends, or your family.
It’s easy to assume, due to TV or our constant feed of news, that most medical malpractice cases are all ridiculous. For that reason, it’s important to sort through the myths and let those who are victims of medical malpractice, and haven’t talked to an attorney yet, some peace of mind when contacting an attorney about their case.
We’ll break down the most consistent misconceptions of what to do when medical malpractice hurts you or your family:
- Medical Malpractice attorneys are too expensive.
- Most inherently think that medical malpractice attorneys work entirely for profit. Which is not entirely true. Though some do, some medical malpractice attorneys only get paid if they win the case where your legal fees will be deducted.
- Medical Malpractice claims are typically flippant.
- Studies show that only 3 percent of claims are inherently flippant. Most cases are brought about by those who want justice for action or inaction that leads to something catastrophic in their lives. In essence, what makes for good TV or news isn’t exactly the norm.
- Medical Malpractice claims have directly increased health care costs.
- A myth perpetuated by many insurance companies, medical malpractice claims are down within the last 3 years while health care costs have continually rose.
- All Medical Malpractice attorneys are the same.
- Possibly the biggest myth of all. All medical malpractice attorneys are not equally qualified to represent you in the courtroom. It’s important to seek out attorneys like Martin Walker to represent you who have a plethora of experience under their belts.
If you or someone you know has been affected by malpractice, seek help immediately. We suggest not waiting for 2 years or more from the date you were affected. It’s our duty at Martin Walker Law to represent you to the standard that we believe is necessary to tackle any case.
Call Martin Walker Law today at (903) 526-1600 for a free consultation. Let us help you.