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Curtis Chesser, through his spouse and power of attorney Ava Chesser, sued LifeCare Management Services (LMS) and LifeCare Hospitals of North Texas (Hospital) for health care liability. After Chesser suffered a mild stroke, he was transferred to Hospital where a PEG tube was surgically inserted. The tube's bolster was too tight, leading to severe pain, tissue necrosis, hemorrhage, cardiac arrest, cerebral injury, and permanent cognitive deficits. A jury found for Chesser. The Court of Appeals sustained Chesser's issue that no evidence supported the negligence of three settling doctors, modifying the judgment to apply a dollar-for-dollar settlement credit of $183,000. It also sustained Appellees' challenge to the jury's joint enterprise finding, removing joint and several liability for LMS and making it severally liable for 30% of the judgment. Furthermore, the court modified the judgment to impose several liability on Hospital and LMS for their respective $250,000 noneconomic damage awards, affirming the trial court's judgment as modified.
Chesser v. LIFECARE MANAGEMENT SERVICES is a workers' compensation case decided in Texas Court of Appeals, 2nd District (Fort Worth). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 2nd District (Fort Worth).
Full Decision Text1 Pages
Curtis Chesser, through his spouse and power of attorney Ava Chesser, sued LifeCare Management Services (LMS) and LifeCare Hospitals of North Texas (Hospital) for health care liability. After Chesser suffered a mild stroke, he was transferred to Hospital where a PEG tube was surgically inserted. The tube's bolster was too tight, leading to severe pain, tissue necrosis, hemorrhage, cardiac arrest, cerebral injury, and permanent cognitive deficits. A jury found for Chesser. The Court of Appeals sustained Chesser's issue that no evidence supported the negligence of three settling doctors, modifying the judgment to apply a dollar-for-dollar settlement credit of $183,000. It also sustained Appellees' challenge to the jury's joint enterprise finding, removing joint and several liability for LMS and making it severally liable for 30% of the judgment. Furthermore, the court modified the judgment to impose several liability on Hospital and LMS for their respective $250,000 noneconomic damage awards, affirming the trial court's judgment as modified.
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