Opening statement are expected to take place this (Wednesday) morning in Council Bluffs, in a civil trial by two Walnut residents alleging malpractice at Methodist Jennie Edmundson Hospital. The Daily NonPareil reports Tony Bailey and Debra Bailey seek damages from Methodist Jennie Edmundson Hospital; Dr. Steven J. Feldhaus; Heart, Lung and Vascular Surgery; and Emergency Physicians of Western Iowa. A jury pool was selected Tuesday. The trial is expected to last seven days.
According to court documents, the Baileys claim that the defendants were professionally negligent in performing and failing in a timely manner to treat and operate on Tony Bailey’s lower leg on Jan. 20, 2012, and in failing to provide proper care after Bailey’s operation. The plaintiffs also claim that Tony Bailey incurred pain and suffering and a loss of full mind and body. The loss of mind and body is the inability of a particular part of the mind or body to function in a normal matter.
In addition, Debra Bailey, Tony’s wife, seeks damages for harm done to her marriage. She claims that because of Tony’s loss of full mind and body, she suffered a loss of consortium from her spouse. She added that now she and her husband don’t enjoy the benefits of company, cooperation, affection and the aid of the other in a relationship.
According to court documents, the defendants deny negligence and assert that any injury or damage is the result of pre-existing conditions, others or outside conditions over which the defendants had no control or responsibility. Furthermore, attorneys for the defendants told the jurors that Tony Bailey was not only a smoker, but also had a history of retroperitoneal fibrosis, atherosclerosis and peripheral arterial disease.
A Methodist Health Systems spokesperson is declining to comment on the case until the civil trial concludes. Christopher Welch, attorney for the Baileys, has not released a desired amount for damages. They are expected to give the jury a monetary amount during closing arguments.