Vegetative State, Death a Result of Medical Malpractice?

Mike Schneider

Attorney
(866) 735-1102 Ext 485

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The wife of a Texas man who died after surgery to upgrade his heart device has filed a medical malpractice lawsuit against her husband's surgeon and the hospital at which the procedure was performed.

Joseph Roberts was admitted to the hospital to upgrade his pacemaker, but the surgery left him in a vegetative state.

Roberts was then transferred to intensive care, where he was found to have anoxic encephalopathy, opening his eyes but not following commands, the suit said. "On Nov. 26, 2005, the patient was extubated but remained in a vegetative state. The patient was transferred to Continue CARE Hospital of Southeast Texas on Dec. 5, 2005, and remained there until he ultimately died on Dec. 11, 2005."

The plaintiffs' suit faults the defendants with negligence, gross negligence and malice.

"Roberts continuously suffered gross abuse, extensive neglect and undue pain," the suit said. "His basic needs were ignored and his dignity was disregarded."

The suit also alleges that nurses failed to properly care for Roberts while he was in the hospital after the surgery.