HaysMed and Doctor Sued Over Patient’s Death

A lawsuit seeking $10 million has been filed against HaysMed and one of its doctors following the death of a patient during heart surgery in 2024.

Taasha Smith’s father, Stephen Richter, was undergoing an aortic valve replacement on October 1, 2024, performed by Dr. Roberto Cervera at HaysMed.

During the procedure, Richter was placed on a heart-lung machine, but unfortunately, his heart stopped. According to court documents, he could not be removed from the machine and was pronounced dead in the operating room.

The lawsuit claims negligence on the part of Cervera and the HaysMed staff regarding Richter’s treatment, citing several specific failures:

• Inadequate evaluation of Richter’s medical condition
• Insufficient medical history recording
• Failure to inform the patient about all surgical options
• Not providing adequate cardioplegia, necessary for pausing the heart during surgery
• Neglecting to conduct a complete clinical evaluation of Richter
• Overlooking his worsening symptoms and heart condition
• Inaccurate timing during the procedure
• Failing to take necessary precautions for his heart during surgery
• Lack of proper surgical equipment and failure to utilize it effectively
• Neglecting to re-dose cardioplegia when needed
• Insufficient informed consent regarding risks and alternatives
• Failure to develop and enforce safety protocols for the procedure

Mark Schloegel, representing Smith, expressed in an interview that “Even if it’s a heart procedure, it is not something you are supposed to die for.”

Attorneys for both HaysMed and Cervera have denied any wrongdoing in court documents.

In a statement released Thursday, HaysMed acknowledged the family’s concerns and expressed sympathy for their loss. They emphasized their commitment to providing high-quality care and mentioned that, due to the ongoing litigation, they cannot comment specifically on the allegations.

Attempts to reach Cervera’s personal attorney for comment were unsuccessful at the time of this report.

The lawsuit was filed in Johnson County, where Smith lives, but HaysMed and Cervera sought to move the case to Ellis County, a request that was denied. No hearing or trial dates have been established, according to court records.