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Date: 10-30-2015
Case Style: Sheryce Muse and David Mykel Muse v. Hillcrest Medical Center, AHS Hillcrest Medical Center, LLC, Charles Barax, M.D., Marcus Miller and Nightrays, PA
Case Number: CJ-2014-3049
Judge: Jefferson D. Sellers
Court: District Court, Tulsa County, Oklahoma
Plaintiff's Attorney:
Defendant's Attorney: Eliazabeth Hall, Leslie C. Weeks and Dustin Bradley for AHS Hillcrest Medical Center, LLC
Russell Hendrickson and Jason Robertson for Charles Barax, M.D. and Nighrays, P.A.
Description: Tulsa, OK - Hillcrest Medical Center settles wrongful death medical malpractice case
Sheryce Muse and David Mykel Muse sued Hillcrest Medical Center, AHS Hillcrest Medical Center, LLC, Charles Barax, M.D. and Nightrays, PA on medial negligence (medical malpractice) theories claiming:
1. This is an action for the wrongful death of David Mykel Muse. The Plajntiff is a resident of Tulsa, Tulsa County, Oklahoma, and the mother and next of kin of the deceased.
2. Defendant HILLCREST MEDICAL CENTER is a hospital providing medical services in Tulsa, Tulsa County, Oklahoma. Defendant AHS HILLCREST MEDICAL CENTER, LLC, is a business and limited liability company licensed by the State of Oklahoma and owns and operates HILLCREST MEDICAL CENTER.
3. The events creating this cause of action, including the death of David Mykel Muse, occurred in Tulsa County, Oklahoma, and venue is proper in this Court. This Court has jurisdiction in this matter.
4. On or about October 12, 2013, David Mykel Muse, presented to the Emergency Department at Hillcrest Medical Center, suffering from internal bleeding.
5. At the time of admittance to Hillcrest Medical Center, David Mykel Muse looked to the hospital solely for treatment of his physical ailments, without knowing whether or not the physicians at Hillcrest Medical Center acted on their own behalf rather than as agents or employees of the hospital, and he did not have a prior relationship with the physicians who provided medical care to him or who were made aware of his condition,
6. The physicians who negligently rendered provided care to David Mykel Muse on October 12, 2013, or who were made aware of his condition, were the agents and/or employees of HILLCREST MEDICAL CENTER and/or Defendant AHS HILLCREST MEDICAL CENTER, LLC.
7. While at Hillcrest Medical Center, over the course of six hours, the deceased, David Mykel Muse, needlessly bled to death at HILLCREST MEDICAL CENTER because he did not receive the prompt medical and surgical care he needed and that should be expected from a licensed hospital.
8. The negligence of the Defendants and their agents or employees caused and/or contributed to the death of David Mykel Muse on October 12, 2013, and but for the negligence of the Defendants and their agents and employees Mr. Muse would have survived.
9. HILLCREST MEDICAL CENTER accepted the deceased through its emergency room, but through its negligence, the failures and negligence of its agents, including physicians who provided emergency/trauma care, radiological services and surgical care, Mr. Muse was not provided the surgical care he needed in a timely manner nor was he transferred to a different hospital that could provide the care and surgery he needed, needlessly causing or contributing to his death.
10. Defendant HILLCREST MEDICAL CENTER and/or Defendant AHS HILLCREST MEDICAL CENTER, LLC, is responsible to Plaintiff for the negligence and failures of its employees and agents, including the emergency physicians and who were involved in the care of David Mykel Muse, the radiologists who were involved in the care of David Mykel Muse and the surgeons and other physicians and healthcare providers who were involved in Mr. Muse�s care on October 12,2013.
11. David Mykel Muse�s death on October t2, 2013, was the result of a negligent, systemic failure of the Defendants and their agents and employees.
12. The plaintiff, survivors and heirs of David Mykel Muse suffered grief and the loss of companionship of the deceased and are entitled to damages from these Defendants pursuant to 12 O.S. � 1053 for the wrongful death of the deceased
13. The actions, inactions and failures of these Defendants were of such a nature as to entitle Plaintiffs to punitive damages from these Defendants.
14. The Defendants concealed their negligent actions from the Plaintiff, and continue to do so, warranting punitive damages.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: