Despite Facts, No Rights
No legal rights despite the terrible facts of what happened.
Jocelyn was born with CHARGE Syndrome, meaning all her organs did not properly connect at birth. Because of this, she required assistance with daily activities. Despite the odds, she lived a joyous, full life.
At a school party, she ate a corn dog too fast and was rushed to the hospital. Wanting to help her daughter as quickly as possible, Jocelyn’s mom, Deidre took her to the closest hospital, rather than the usual one. It was the decision almost any mother would have made.
Twenty minutes into the procedure, the doctor informed Deidre Jocelyn had Abdominal Compartment Syndrome due to her endoscopy. When Deidre saw her daughter, she was swollen and cold. Nurses forced tubes down her throat to relieve the swelling, perforating her esophagus and her colon causing sepsis. A second doctor performed a second surgery on a now brain dead Jocelyn and left six sponges in her spleen.
Because of the surgeon’s mistakes uncovered in an autopsy, the true scope of medical negligence was clear. Jocelyn suffered multiple perforations in her esophagus, one in her colon that led to sepsis, two heart attacks, went comatose, had six sponges left in her spleen and then bled completely out because her blood could no longer coagulate.
Deirdre will never forget her daughter’s last words: “Momma please help me.”
You might think this is a clear cut case where a jury should have all the power it needs to determine justice. But this happened in Texas where medical malpractice caps and other draconian barriers to holding those accountable are rampant. The sad fact is, even though the facts of this case are well documented, Deidre can’t even sue because the potential costs of bringing a lawsuit in the first place are more than state law allows her to recover in court. Texas lawmakers have rigged a system where civil justice is off limits to those who need it most – perhaps, if you live there, even to you.