When medical professionals fail to follow established standards of care, patients can suffer devastating consequences that change their lives forever. A recent jury verdict in Lubbock County serves as a powerful reminder that healthcare providers must be held accountable when their negligence causes serious harm to those who trust them with their care.
The Houston medical malpractice lawyers at Davis & Davis, working alongside lead counsel Craig Lewis, recently secured a $1.23 million jury verdict for their client, Foncine Carthel, who suffered serious and permanent injuries during what should have been routine medical procedures. This significant victory demonstrates our firm’s commitment to fighting for victims of medical negligence and our ability to navigate complex cases involving multiple defendants and intricate medical issues.
Understanding the Medical Malpractice Case
Mrs. Foncine Carthel’s ordeal began in July 2018 when she was admitted to Covenant Hospital Plainview for treatment of COPD and a persistent cough. What followed was a series of medical decisions that violated established standards of care and both state and federal regulations governing anesthesia services.
The case involved three defendants: Covenant Hospital Plainview, Dr. Ilhan Yildiz, and Certified Registered Nurse Anesthetist (CRNA) David Dustin Edwards. Each played a role in the chain of events that led to Mrs. Carthel’s injuries, and the jury ultimately found all three parties responsible for the harm she sustained.
During her stay, Mrs. Carthel underwent two procedures. The first was a colonoscopy with biopsy on July 12, 2018, followed by a second surgery on July 13 to remove a cancerous tumor. Both procedures involved significant violations of medical standards that put Mrs. Carthel at unnecessary risk.
Critical Violations of Medical Standards
The evidence presented at trial revealed multiple serious breaches of medical protocols. One of the most significant issues involved the pre-operative anesthesia evaluations. According to the American Society of Anesthesiologists, these evaluations must be conducted by an anesthesiologist, not a CRNA. However, CRNA Edwards performed these evaluations for both of Mrs. Carthel’s procedures without proper physician oversight or delegation.
This violation extended beyond professional guidelines to actual legal requirements. State and federal regulations require specific protocols for anesthesia services, including proper physician delegation and supervision. The evidence showed that Dr. Yildiz failed to formally delegate anesthesia responsibilities to CRNA Edwards, meaning the CRNA was essentially practicing medicine without appropriate supervision.
During the second surgery, additional safety violations occurred. Dr. Yildiz used a Veress Needle to insufflate Mrs. Carthel’s abdomen but failed to follow critical safety protocols. These procedures require specific steps, such as aspirating to check for blood and performing a saline drop test, to prevent injury to the patient. Dr. Yildiz’s failure to follow these established safety measures constituted negligence and a clear violation of the standard of care.
The Jury’s Decision and Its Significance
After carefully considering all the evidence, the Lubbock County jury found that the negligence of all three defendants proximately caused Mrs. Carthel’s injuries. The jury assigned responsibility as follows: Dr. Yildiz bore 50% of the responsibility, Covenant Hospital Plainview was assigned 40%, and CRNA Edwards was found 10% responsible.
The jury awarded Mrs. Carthel compensation for her physical pain, mental anguish, and medical expenses totaling $1.23 million. This substantial verdict reflects the severity of her injuries and the significant impact this medical negligence has had on her life.
What makes this case particularly significant is that the violations of standards and regulations were not isolated incidents. The evidence suggested these problematic practices had been ongoing for some time with respect to surgeries performed by Dr. Yildiz at Covenant Hospital Plainview, indicating systemic issues rather than a single occurrence of negligence.
To read the Charge to Jury for this case in its entirety, you can read more here.
Fighting for Medical Malpractice Victims
This victory represents more than just financial compensation for Mrs. Carthel; it sends a clear message that healthcare providers must adhere to established standards of care and legal requirements. When hospitals and medical professionals cut corners or ignore safety protocols, they must be held accountable for the consequences.
Medical malpractice cases involving anesthesia complications can be particularly complex, requiring extensive knowledge of medical procedures, federal and state regulations, and the ability to effectively present technical evidence to a jury. Success in these cases demands thorough investigation, qualified medical testimony, and skilled trial advocacy.
Experienced Legal Representation for Medical Malpractice Cases
At Davis & Davis, attorneys John “JD” Davis and Steven Davis have dedicated their careers to fighting for victims of medical negligence. With nearly 70 years of combined experience and over 300 jury trials, our Houston medical malpractice lawyers possess the knowledge and courtroom skills necessary to take on complex cases against hospitals, doctors, and insurance companies. We understand the devastating impact medical malpractice can have on patients and their families.
Our trial-tested legal team works tirelessly to hold negligent healthcare providers accountable and secure the compensation our clients deserve for their pain, suffering, and financial losses. If you or a family member has been harmed by medical negligence, time is critical due to Texas’s statute of limitations for medical malpractice cases. Contact Davis & Davis today at (713) 781-5200 or through our contact form to discuss your case and learn how we can help you seek justice.
Frequently Asked Questions
Who was held responsible in the Davis & Davis Texas malpractice verdict?
The Lubbock County jury held all three defendants responsible: Dr. Ilhan Yildiz was assigned 50% of the fault, Covenant Hospital Plainview 40%, and CRNA David Dustin Edwards 10%. The evidence showed that these violations were not isolated. The jury found patterns of non-compliance with state and federal regulations governing anesthesia services that had persisted over time at this facility, indicating systemic issues rather than a single oversight.
What types of damages can victims recover in a Texas medical malpractice case?
Victims of medical malpractice in Texas can recover both economic and non-economic damages. Economic damages include past and future medical expenses, lost wages, and loss of earning capacity. Non-economic damages include physical pain, mental anguish, disfigurement, and loss of consortium. Texas law caps non-economic damages at $250,000 per physician and $250,000 per healthcare institution (up to $750,000 total). Economic damages are not capped. The Davis & Davis team fights to maximize total compensation available within the law.
How do I know if I have a strong Texas medical malpractice case?
A strong medical malpractice case typically involves a clear deviation from the accepted standard of care, a direct link between that deviation and the patient's injuries, and measurable damages. Cases involving anesthesia errors, surgical mistakes, failure to follow established safety protocols, or hospital policy violations, like those in the Carthel case, often have strong evidentiary foundations. Davis & Davis provides free case evaluations to help you assess the merits of your potential claim.
What makes Davis & Davis effective in complex Texas medical malpractice trials?
Davis & Davis focuses exclusively on medical malpractice law, bringing nearly 70 years of combined attorney experience and more than 300 jury trials to every case they take. They are not afraid to take on hospitals, anesthesiologists, and multiple defendants simultaneously. Their ability to translate complex medical evidence into compelling courtroom presentations, as demonstrated in the Carthel verdict, is a key factor in their track record of results for clients throughout Texas and the country.
