Malpractice suit filed in Gage County

A Missouri woman has filed a lawsuit in Gage County District Court against a Marysville, Kan., surgeon in connection with the death of her husband who died after the physician performed surgery on him at Beatrice Community Hospital and Health Center in February 2004.

Deborah A. Hughes filed the lawsuit Tuesday against Dr. Fernando Ugarte, who treated her husband, Joel E. Hughes, on Feb. 28, 2004.

Court records do not give her exact address, but indicates she lives in Missouri. Her attorney, Jefferson Downing of Keating, O'Gara, Nedved and Peter of Lincoln, could not be reached for comment Tuesday.

According to court documents, Hughes was visiting family members in Wymore on Feb. 27, 2004, when he started having severe abdominal pain. He went to BCHHC, where he was admitted and diagnosed with a bowel obstruction.

The next day, Ugarte examined Hughes and found a small-bowel obstruction. Ugarte then performed an exploratory laparotomy when he discovered an adhesion on the small bowel. The lawsuit contends in an attempt to remove the adhesion, Ugarte mistakenly cut into Hughes' bowel and tried to repair the cut bowel by suturing the affected area.

The suit further contends the bowel had not been adequately repaired and Hughes subsequently became hypertensive, started having a high heart rate and went into respiratory distress. He was then airlifted from Beatrice to BryanLGH Medical Center in Lincoln, where he was treated but died on Feb. 29, 2004.

Hughes was 42 at the time of death.

The lawsuit accuses Ugarte of failing to properly treat Hughes, remove the adhesion without cutting the small bowel, repair the small bowel and monitor Hughes' condition.

The lawsuit also maintains Hughes suffered pre-death injury and disability and pain and suffering. Medical expenses amounted to $13,092.65, court documents said.

The lawsuit further states Mrs. Hughes has been deprived of the “care, comfort, companionship and support” of her husband and incurred burial expenses of $1,233.80.

In addition to medical and burial expenses, the lawsuit asks for general and special damages as well as legal costs.

Ugarte could not be reached for comment Wednesday.