Spring hospital named in malpractice suit

The family of a deceased Houston woman claims a Heights doctor’s misdiagnosis caused her death.

Michael Thompson, representing the estate of Kelly Lynn Benard and on behalf of the couple’s son, filed a lawsuit Jan. 28 in Harris County District Court against Houston Northwest Medical Center and emergency room physician Dr. Akash G. Bhagat.

According to the complaint, Benard began complaining about pain in her right elbow in November 2008. After multiple visits to a primary care doctor and an orthopedic specialist within a few days, Benard’s father took her to the emergency room at Houston Northwest Medical Center on Dec. 2.

Thompson says Benard was seen by Dr. Bhagat and discharged the following day with orders to see an arthritis specialist. Hours later, Thompson says, Benard was taken to Cypress Fairbanks Medical Center emergency room where she died that afternoon.

Thompson and his son accuse Dr. Bhagat and the Spring hospital of medical malpractice. They are asking for an unspecified amount of money in actual and compensatory damages.

Attorney Gene S. Hagood, of Alvin, is representing Thompson. They ask for a jury trial.

Harris County District Court Case No. 2011-05863.

This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.