NEW ORLEANS - Claiming she was injured while in the hospital and using a passive motion device which exercised her legs for six hours or longer, a Mississippi woman has filed a lawsuit against a Slidell hospital for medical negligence.

Enery Hemby filed suit against Slidell Specialty Hospital d/b/a Southern Surgical Hospital, James C. Butler M.D. and James Gosey M.D. on June 6 in federal court in New Orleans.

Hemby was admitted to Southern Surgical Hospital for bilateral total knee replacement surgery performed by defendant Butler on March 10, 2009. Following the surgery, Hemby's legs were inserted into a continuous passive motion (CPM) device, which exercised her legs for six straight hours at a time to longer periods of time. Hemby received a skin break, which progressed with continued use of the CPM device.

Upon discharge from Southern Surgical Hospital, Hemby was admitted to Hancock Medical Center by her primary care physician for treatment of the wound and for bilateral lower extremity deep vein thrombosis.

Hemby received medical care until approximately August 2009 for the wounds created by the use of the CPM device.

The defendants are accused of rendering care and treatment below the standard of care by providing erroneous treatment in disregard of their professional skill, violating the appropriate standard care, failing to properly assess/diagnose Hemby's condition post-surgery, failing to properly discharge their professional responsibilities, failing to ascertain or record Hemby's complaints, symptoms and vital signs, failing to take timely medical action, failing to provide proper follow-up care, and for providing inadequate and inappropriate treatment.

Further, the defendants are accused of failing to obtain or provide fully informed consent, failing to timely consult with specialists, failing to timely order appropriate tests regarding wound, failing to prevent the patient from acquiring or developing wound, failing to keep clean, sterile and sanitized conditions during treatment, and for discharging Hemby when immediate care was needed for her wounds.

The plaintiff is asking the court for an award of damages for pain and suffering, mental anguish, anxiety, psychological harm, loss of enjoyment of life, loss of income, medical expenses, interest, and court costs.

Hemby is represented by Brian L. Glorioso, Richard A. Tonry, Raymond Brinson, Jeffrey J. Waltz, and Kristine K. Sims of Tonry, Brinson & Glorioso in New Orleans.

Case No. 2:12-cv-01444

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