Collin County jury awards Texoma man $6.2 million in medical negligence lawsuit

Source: , Posted On:   01 March 2024


Texas (KXII) - A Collin County jury has awarded a Lamar County man $6.2 million in a medical negligence lawsuit against a Sherman doctor.

Bill Proctor was left a paraplegic after what his attorney says was a botched spinal surgery.

Proctor’s lawyer Seth McCloskey says that the 57-year-old is no stranger to back issues, having 5 prior back surgeries before this one.

“He had those for the greater part of 30 years from an incident that happened when he was a young man,” McCloskey said.

Still in pain, McCloskey says Proctor was referred to Sherman Dr. Mark Silver and went in for a consultation.

“Dr. Silver said, ‘Yeah, absolutely, we can fix you right up.’”

Proctor underwent surgery in 2018 to try to alleviate his chronic back pain, but McCloskey says there were complications.

“There was some indication during the surgery that something had happened,” he said. “Proctor lost the use of his legs as a result of the operation.”

The lawsuit says that Dr. Silver caused Proctor’s injury due to negligence during the surgery, permanently impairing the functions of his bowels and bladder.

“The evidence was clear,” McCloskey said. “I mean, he caused this by compressing or stretching the nerves and the spinal column below the spinal cord.”

After a week-long trial, jurors found Dr. Silver 60% responsible for Proctor’s injuries, which under Texas law makes him 100% accountable for the outcome.

A jury awarded Proctor damages in the amount of $6.2 million.

“In a case like this, you have a life care plan when someone has future medical needs that will last them the rest of their life,” McCloskey said. “That’s what the bulk of this is for.”

Dr. Silver’s attorney David Criss sent a statement to News 12 that reads as such:

“We do not normally comment on pending litigation. However, we can say we believe the result in this case is not supported by the evidence. We plan to request a new trial or, in the alternative, appeal the verdict.”

For now, the judgement is in favor of McCloskey’s client.

“If you’re not careful and protecting your patients, there are there are consequences to you too,” McCloskey said. “It won’t just be the patient who has to pay physically.”