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The Surgeon's Hands

Duntsch v. State (2018)

Charge: Intentionally or knowingly causing serious bodily injury to an elderly person, using a deadly weaponCourt: Texas Court of Appeals, Fifth District at Dallas (trial: Criminal District Court No. 5, Dallas County)State: TexasDocket: Bad Medicine

The facts

A neurosurgeon operated on a 74-year-old woman to fuse bones in her spine. He put an implant in muscle, not between the vertebrae, drove screws into the spinal canal, and cut through a nerve root. She woke in severe pain, unable to move her legs, with a permanent dropped foot and incontinence. He says this was bad surgery, not a crime: the charge requires proof he knew serious injury was almost certain. Prosecutors point to rare, catastrophic outcomes in five of his other patients months earlier, and a warning that the implant was misplaced.

You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.

Citation: Duntsch v. State, 568 S.W.3d 193, No. 05-17-00235-CR (Tex. App.—Dallas Dec. 10, 2018)

Read more at law.justia.com. The source reveals the outcome.

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