09/08/2013 // West Palm Beach , Florida, US // JusticeNewsFlash // Justice News Flash // (press release)
Houston, Texas – A Texas woman is seeking the return of her late husband’s heart tissue from a Houston hospital. As reported by ABC News, Linda Carswell has been locked in a legal battle since 2005 for the release of the samples by St. Joseph Hospital, which conducted the autopsy of her husband, Jerry Carswell, who died unexpectedly after being admitted to another hospital in 2004.
Jerry Carswell died days after he was admitted to Christus St. Catherine Hospital with kidney stones. The hospital was subsequently sued by his widow, who alleged negligence was involved in his care.
Linda Carswell and the couple’s two sons discovered the heart tissue samples were being held by St. Joseph, which was owned by Christus Heath, after the negligence lawsuit was filed. According to court documents, Christus Health officials claimed the return of the tissue, “will result in the destruction of those samples or would otherwise render such samples unsuitable for testing/inspection prior to the conclusion of this litigation.”
A Texas appeals court ruled last month against the health system in not upholding a stay on the return of the tissue to Carswell’s family.
This report is provided by Justice News Flash – Texas Health Law News
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