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"                      <p class=\"imgtitle\">Dugas</p>           Last October, Debra Miller, the executrix of a Helen Gibson's estate, <a href=\"http://www.setexasrecord.com/news/230964-malpractice-suit-blames-nicked-colon-for-womans-death\" class=\"copy\">filed suit</a> against the doctor and hospital she blames for nicking Gibson's colon during surgery.<br /> <br />On Monday, Judge Milton Shuffield, 136th District Court, partially granted defendant Christus Hospital St. Elizabeth's objections to the plaintiff's medical expert report.<br /> <br />Texas law requires plaintiffs to submit a medical expert report within 30 days of filing a medical malpractice claim.<br /> <br />Christus filed a motion to dismiss on March 4, arguing the plaintiff's report failed to identity any substantial negligence committed by its nurses.<br /> <br />Judges Shuffield told the <em>Southeast Texas Record</em> that he dismissed the negligence claims against Christus' operating nurses, but was still undecided about the floor nurses who cared for Gibson during her stay at the hospital.<br /> <br />He said he was taking the remainder of the motion under advisement and would most likely issue a ruling next week.<br /> <br />The lawsuit claims defendant Dr. Scott Kacy nicked the 79-year-old Gibson's colon during an elective injunial hernia repair on Aug. 8, 2008.<br /> <br />Gibson returned to the emergency room with a fever a few days following the surgery. During a laparotomy performed on Aug. 13, 2008, doctors discovered Gibson's nicked colon.<br /> <br />She died on May 1, 2009, according to the complaint.<br /> <br />The suit blames Christus' nurses for causing Gibson's pain and death, saying they negligently failed to provide her with proper care and treatment.<br /> <br />Clay Dugas and Mike Jacobellis of Clay Dugas and Associates in Beaumont represent the plaintiff.<br /> <br />Christus is represented by Houston attorney Erin Lunceford of the Sprott, Rigby, Newsom, Robbins & Lunceford law firm<br /> <br /><em>Case No. D188-642</em>"^^<http://www.w3.org/2001/XMLSchema#string>
<http://setexasrecord.com/stories/510615993-christus-receives-partial-summary-judgment-in-case-over-nicked-colon>