Port Arthur Malpractice Lawyers

Trial over death of 87-year-old hospice patient pushed back

A new order of discovery control plan has been included in a lawsuit over the care of Mary Helen Smith, a hospice patient of 87 years who died while "suffering festering ulcers."

As noted above, November 16, 2010, Patsy Monson filed a medical malpractice claim against the three health care providers in Jefferson County District Court, alleging that Smith has not received any treatment for ulcers in his last days.

Gulf Healthcare Center-Port Arthur, south-western Gulf of health and hospice port of Beaumont are the defendants named in the lawsuit.

Court records show that a plan order was originally entered in the suit on April 26, slating the case for a January 2012 trial.

On Sept. 14 the order was amended to push the trial back to May 2012, allowing more time for discovery.

All three defendants cared for Smith before her death on Dec. 21, 2008. According to the suit, she was suffering from multiple ulcers at the time of her death.

"All of the conditions arose while she was under the care of defendants and caused by the negligence of the employees of defendants," the suit states. "After suffering pain and the festering ulcers for which she received virtually no care, Smith died."

Monson alleges the defendants should have taken measures to prevent and treat the ulcers.

She is suing for general and special damages.

Attorney Michael McGown of the Benchenstein, Norvell and Nathan law firm in Beaumont represents her.

Judge Bob Wortham, 58th District Court, is assigned to the case.

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