By CRISTINA JANNEY
Hays Post
HaysMed and one of its doctors have been sued for $10 million by the daughter of a man who died in 2024 during heart surgery.
On Oct. 1, 2024, Taasha Smith's father, Stephen Richter, was undergoing an aortic valve replacement performed by Dr. Roberto Cervera, who practices at HaysMed.
Richter was placed on a heart-lung machine during the procedure, according to court records. During the procedure, Richter's heart stopped, and he was unable to come off the heart-lung machine, the records said. He was pronounced dead in the operating room, according to the lawsuit.
The lawsuit alleges Cervera, HaysMed employees and nurses were negligent in Richter's treatment.
The allegations include:
• Failure to fully and properly evaluate Richter's condition.
• Failure to take an appropriate medical history.
• Failure to keep the patient informed of all his surgical options
• Failure to provide full, sufficient, adequate, timely and necessary cardioplegia, which is the temporary stoppage of the heart during open-heart surgery.
• Failure to obtain a complete clinical evaluation of Richter
• Failure to fully consider and evaluate Richter's heart condition
• Failure to fully evaluate Richter's emergent condition and worsening symptoms
• Failure to timely and accurately evaluate and diagnose Richter's failing heart condition
• Failure to accurately keep track of time during Richter's heart procedure
• Failure to take reasonable and necessary steps to protect Richter's heart during his aortic valve replacement procedure
• Failure to have necessary cardiac surgical equipment, tools, and solutions available and to properly utilize such
• Failure to re-dose cardioplegia during Richter’s procedure
• Failure to provide adequate informed consent as to the risks, benefits and alternatives to the procedure as performed
• Failure to create, recommend, carry out and enforce protocols, procedures and checklists for the safe performance of the procedure
Mark Schloegel, Smith’s attorney, said in an interview with the Hays Post on Wednesday, “Even if it’s a heart procedure, it is not something you are supposed to die for.”
Both attorneys for HaysMed and Cervera have denied wrongdoing in their answers to the lawsuit in court records.
HaysMed released the following statement on Thursday.
"We are aware of the family’s concerns and extend our heartfelt sympathies to them. The loss of a loved one is deeply painful, and our thoughts remain with the family during this difficult time.
"Providing compassionate, high-quality care at HaysMed is at the heart of everything we do, and we understand the deep trust patients and their families place in our physicians, nurses, and staff, especially during serious and complex medical situations.
"Because this involves pending litigation, and out of respect for patient privacy, we cannot comment on the specific allegations. We are confident that the legal process will allow for a fair, thorough, and transparent review of all relevant facts."
Cervera's personal attorney was also contacted for comment, but had not responded as of this post.
The court case was filed in Johnson County, where Smith resides.
HaysMed and Cervera requested a change of venue to Ellis County, but that request was denied.
No hearing or trial dates have been set, according to court records.