Complaint Review: Memorial Hermann Hospital Southwest

July 19, 2012

Press Conference Speech by Deirdre Gilbert of Jocelyn Y. Dickson Foundation for Life

On February 14, 2011, Jocelyn Y. Dickson entered into the Emergency Room of Memorial Hermann Southwest who within 20 minutes became a victim of medical negligence.  Justice for Jocelyn a grassroots initiative was created to expose and inform the American Public of the TORT Reform that protects notorious repeat offender doctors and hospitals allowing hard working
people to be victimized without legal recourse.

Ladies and Gentlemen,

I am especially grateful to the media, friends and those who have lost loved ones to medical negligence for responding positively to our invitation.  We want to say thank you and welcome once again.

I am here because injustice is here and I cannot sit idly by and not be concerned about what is happening in Texas.  TORT REFORM.  This lawsuit-abuse crisis is a hoax, it is without a doubt a defective mechanism that is yanking life right from under a
persons right to breathe.

I pondered over the thought of postponement but as my hopes faded, and the shadow of disappointment continued to haunt me as every attorney said there is nothing we can do, there was no other alternative but direct action, whereby I would lay this case before the conscience of the local and national community.  Mindful of the difficult road ahead I knew change had to occur.  Martin Luther King made a clear statement that just as Socrates felt that it was necessary to create tension in the mind so that individuals could rise from the bondage of myths and half-truths to the unfettered realm of creative analysis and objective appraisal, so must we create the tension in society that will call the American people to action, to raise their voices in protest for change.

I have been waiting 1 years for some constitutional right only to get pierced with the ringing sound of nothing can be done in Texas because of the way the law is in Texas. 

It is time to expose the real long-term threats to quality healthcare in Texas; the frequency of medical mistakes, and the lack of practitioner oversight and discipline.  The debate here is more on compensation and not on improving care. 

The issue with this tort reform idea is that it is glorifying what they call a magnificent plan that recruits new good doctors from other states to help with the ailing healthcare system.  This is far from the truth.  Having more doctors and more hospitals is not
an indication that better access to care for patients will exist.  The statistics from Medical Misdiagnosis in Texas: Challenging the Medical Malpractice Claims of the Doctors Lobby proves this.  The Texas Board of Medical Examiners, the entity whose goal is to protect and enhance the publics health, safety and welfare by establishing and maintaining standards of excellence used in regulating the practice of medicine and ensuring quality health care for citizens of Texas through licensure, discipline and education allows notorious offenders to practice medicine. (The Insiders Legal Guide, Rasansky Law Firm).  Did you know that the repeat offender doctors are responsible for half of medical malpractice?  Did you know that the Texas state government
and the states health-care providers have done little to rein in those doctors who repeatedly commit negligence?  Did you know that the Texas State Medical Board of Medical Examiners is dangerously lenient with doctors, repeatedly letting serious and sometimes repeat offenders off the hook?  Did you know that Texas provides incomplete reports about doctor mistakes and offenses?  The Texas State Board of Medical Examiners provides only limited information about doctors who have committed offenses or medical errors.  According to the website maintained by NPDB, hospitals are required by federal law to gather information about physicians from the National Practitioners Data Bank as part of the credentialing process. Congress created the NPDB to improve the quality of medical care across the United States.

The NPDB is primarily an alert system or flagging system intended to facilitate a comprehensive review of healthcare
practitioners professional credentials. 

However, this information is not available to the general public by virtue of legislation or confidentiality settlement agreements.  Since confidentiality of records shields us from discovery, we must depend on TMB to act reasonably in making decisions as
it relates to patient care and safety.  So why is this not happening?  Here are some horrific examples:

Doctor A

From www.questionabledoctors.org:  Doctor engaged in a sexual relationship with four patients and also admits he has a history of alcoholism.  He was given (60 months probation).

Doctor B

From www.questionabledoctors.org: Six patients filed lawsuits against him alleging substandard care: (1) suffered burns from inside of right leg (nothing happened) (2) Negligently placed a needle for a nerve block, punctured patients lung (3) operated and fused the wrong level of patients neck (4) tore a patients vein causing further bleeding and injury (5) performed a hip
replacement and patient sustained injury to nerves, patient now has a drop foot (6) negligent in failing to obtain adequate closed reduction of a fracture  (public reprimand and suspension stayed for 36 months probation)

Doctor C

From www.questionabledoctors.org : Doctor pleaded guilty to one count of deadly conduct, a third-degree felony. 
Doctor admitted to a total of four drive-by shooting incidents of his former business partners garage and automobiles.  (five years probations)

Doctor D and E

From Deirdre Gilbert, mother of Jocelyn Dickson:

Jocelyn Dickson was taken to the Emergency Room of Memorial Hermann Hospital for a piece of corn dog lodged in upper esophagus.  Doctor C was to do an Upper Endoscopy, within 20 minutes, Jocelyn was in a coma.   Doctor C disappeared turn case over to Doctor D.  Doctor D claimed that my daughter had abdominal compartment syndrome when in fact she was already
hypoxia/ischemia acute (totally brain dead).  Jocelyn sustained three perforations with extensive retroperitoneal hemorrhage; evidence showed she also had peritonitis, serositis and clinical evidence of septic shock.  Doctor D, medical examiner and hospital states that she was still alive when Doctor D did an Exploratory Laparatomy.  After his surgery nurses rolled her into ICU and Jocelyn laid in pools of blood for (7) hours, blood flowed from every part of her little small frame body.  Autopsy revealed that six blood soaked sponges were found in her splenic region of her abdomen. She died.  (Fraudulent cover-up)

The deliberate omission that my daughter was in a coma leads me to believe that ethical standards are not one of Memorial Hermanns core values.  The deliberate omission to tell us that she had sustained three perforations clearly shows that the standard of medical care in Memorial Hermann is not on saving lives.  The cover-up of six sponges left in her abdomen makes me literally ill. I had to give up all that I had to make sure that my daughter received the quality of life she deserved.  For 22 years we took her to her doctors appointments, for 22 years we clothed her, for 22 years we paced hospital floors, 22 years we gave her birthday parties, but in 20 minutes, the last words I would ever hear my baby say would be Momma Help Me Please.  My daughter had the right to breathe.

So, if I said anything that overstates the truth and indicates unreasonable impatience, I ask that you forgive me. If I have said something that understates the truth and indicates that I have to have patience that allows me to turn my head to this sordid sick game on life, I ask God to forgive me.

Lastly, I must say that I intend to continue until justice is served, for: In Edmund Burkes words:

All that is necessary for the triumph of evil is that good men do nothing.

Again thank you and if you have any questions my family and I are available to answer them.

Excerpts Letters From A Birmingham Jail (King, Jr.)