The family of a deceased Texas woman has filed a medical malpractice lawsuit against a Houston hospital claiming a doctor’s misdiagnosis caused her death.

According to Harris County District Court documents, the estate of Kelly Lynn Benard is suing Houston Northwest Medical Center and emergency room physician Dr. Akash G. Bhagat. The lawsuit claims Benard began complaining about pain in her right elbow in November 2008. After multiple visits to a primary care doctor and an orthopedic specialist, Benard’s father took her to the emergency room at Houston Northwest Medical Center on December 2.

According to the complaint, Benard was seen by Dr. Bhagat and discharged the following day with orders to see an arthritis specialist. Hours later Benard was taken to Cypress Fairbanks Medical Center emergency room where she died that afternoon.

Benard’s family is seeking an unspecified amount of money in actual and compensatory damages.

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