Thompson Coe Trial Team Successfully Defends Medical Providers With Directed Verdict

Dallas partner Christopher Rigler and Houston partner Cory Reed successfully defended three individual medical providers and a jail medical company in a medical malpractice and civil rights case in Waco Federal District Court.

Background: Medical Malpractice and Civil Rights Claims

The suit stemmed from an incident wherein the Plaintiff allegedly committed self-harm while incarcerated after an alleged assault by another inmate at the McClennan County Jail. Plaintiff had a long history of psychiatric and other medical conditions, taking two psychiatric mood stabilization medications as part of his daily regimen of medications. Once his low blood pressure became a significant medical concern, one of the medications was stopped for just over 3 weeks and another was modified to a lower dose to stabilize his serious medical concern of low blood pressure. Plaintiff was later allegedly assaulted by another inmate and taken to a medical for examination but did not discuss any intent to self-harm with the provider during the appointment.

That same day, Plaintiff self-harmed with a razor blade in his cell and was sutured up by another medical provider. Plaintiff alleged our clients violated his civil rights and committed medical malpractice when they modified his medications and failed to provide appropriate follow-up with a psychiatrist, leading to the self-harm incident. The civil rights claims were dismissed on summary judgment against our clients prior to trial, leaving only medical malpractice claims. McClennan County was a co-defendant that had limited remaining civil rights claims against them at trial as well.

Credible Evidence and Expert Witness Testimony

The Thompson Coe trial team spent two days cross-examining witnesses for the Plaintiff. The case featured testimony from Plaintiff, McClennan County employees, our healthcare clients and Plaintiff’s expert. Cory conducted voir dire and Chris delivered the opening statement explaining that our clients should not be held liable because there would not be credible evidence to establish that any of the medical providers committed malpractice nor caused damages.

Cory and Chris took turns cross examining the various witnesses. During Plaintiff’s expert’s testimony, Chris was able to get the expert to admit that the factual evidence that was actually admitted at trial would lead to a finding that the standard of care was upheld, essentially flipping his opinion from the Plaintiff’s side to the Defense side. Chris submitted a motion for a directed verdict, which the judge granted after finding that our clients were not liable as a matter of law and dismissing our clients along with the co-defendant McClennan County Defendant from the trial.