A Texas woman has filed a lawsuit against a local physician, alleging medical negligence that led to severe health complications. Kimberly Macek filed the complaint in Harris County District Court on June 12, 2024, accusing Dr. David Chiao of failing to properly diagnose her appendicitis, which resulted in a ruptured appendix and subsequent hospitalization.
According to the petition, the incident began on June 13, 2022, when Dr. Chiao read an abdominal/pelvis CT scan of Macek and reported "No acute abnormality is identified in the abdomen or pelvis." However, just one day later, on June 14, 2022, Dr. Stephanie Heinlen re-evaluated the same CT scan and noted findings consistent with acute appendicitis. Her report indicated that Macek's appendix was enlarged up to 14 mm in diameter and contained proximal appendicoliths with minimal periappendiceal fat stranding. The delayed diagnosis allegedly caused Macek's appendix to rupture, necessitating surgical intervention and hospitalization.
Macek’s attorney, Leland M. Irwin of The Irwin Law Firm P.C., stated that Dr. Chiao acted negligently by failing to properly read and interpret the CT scan and not reporting the enlarged appendix initially detected by Dr. Heinlen. "Defendant CHIAO was negligent in one or more of the following particulars: In failing to properly read and interpret the abdominal CT scan; In failing to report that Plaintiff’s abdominal CT scan revealed an enlarged appendix," reads part of the complaint.
The plaintiff is seeking monetary relief between $250,000 and $1 million for physical pain, mental anguish, physical impairment, medical expenses both past and future, as well as physical disfigurement resulting from her injuries. Additionally, she is asking for pre-judgment interest as part of her damages sustained due to this alleged negligence.
Judge Patricia Jones will preside over this case under Case ID 2024-37273 in Harris County District Court's 133rd Judicial District.