TMB Investigation Finds Pediatric Cardiologist Properly Treated Toddler’s Heart Defect

Serpe Jones successfully defended a pediatric cardiologist who treated a 23 month old patient with an atrial septal defect (ASD). The Texas Medical Board alleged that the physician misinformed the parents that the defect had resolved, and that no further treatment was necessary. Four years later, a subsequent treating pediatric cardiologist found that 70% of the child’s left heart chamber was missing and that open heart surgery was required. Attorney Matt McCracken argued that the records and the doctor’s practice completely contradict the suggestion that the physician told the parents the defect had resolved. He further provided medical literature regarding the growth rates of ASD defects to show that the findings four years later did not call the physician’s conduct into question. The Texas medical Board ultimately dismissed the complaint on the basis of the responsive brief without the requirement of a hearing.