COMES NOW Plaintiffs, Velma Hardester and Mary Jo Melton, by and through their attorneys, and for Count III of their cause of action and against Defendant, Southwest Medical Center, Inc., states as follows:

            1.         Plaintiffs incorporate Count I and II as though fully set forth herein.

            2.         That at all times herein mentioned, Southwest Medical Center, Inc. acted by and through its agents, servants, employees, physicians, nurses and staff, and all of them were acting within the scope and course of their employment with Southwest Medical Center, Inc.

            3.         That at all times herein mentioned Dr. Ronald Gaskin, MD was employed by Southwest Medical Center, Inc. and allowed him to hold himself out as a qualified bariatric surgeon.    

            4.         That in October and November 2002, the Decedent, Ronald Hardester, became a patient of Southwest Medical Center, Inc.’s employee Ronald Gaskin, M.D.  and was treated by Southwest Medical Center, Inc.’s agents, servants, employees, physicians, nurses, and staff.

            5.         That the death of Plaintiffs’ spouse and father, Ronald Hardester, was directly and proximately caused by the negligence of the agents, servants, employees, physicians, nurses, and staff of Southwest Medical Center, Inc. acting within the scope and course of their employment in the following respects:

            A.        They failed to properly and timely diagnosis and treat post-operative gastrointestinal leak, abscess, wound breakdown, fistula, peritonitis, and infection in Ronald Hardester’s digestive system;

            B.         They failed to adhere to and comply with the standard duty of care for healthcare providers as specifically set out in ST-34 by the American College of Surgeons, in that the New Start program was a deficient program in the competence of its physicians and staff;

            C.        They failed to timely treat Plaintiff Ronald Hardester to prevent decubitis ulcers and to prevent the spread of decubitis ulcers;

            D.        They failed to communicate and act upon the information regarding symptoms and signs provided to their employees by Ronald Hardester after discharge from the hospital to any physician whose duty it was to treat Ronald Hardester;

            E.         They placed, granted privileges, advertised, and retained Ronald Gaskin, M.D. as a bariatric surgeon when Southwest Medical Center, Inc. knew or should have known about the high rate of serious infections, incompetence, and complications rates of Ronald Gaskin, M.D.; and

            F.         They failed to adequately monitor the infection and serious complication rates of Ronald Gaskin, M.D. and failed to adequately supervise Ronald Gaskin, M.D. and permitted him to maintain privileges and employment status with Southwest Medical Center, Inc. when they knew or should have known that he was not competent to do so; and

            G.        They failed to adequately train their employees, whom would receive and act upon telephone communications from post operative bariatric patients regarding pertinent bariatric post surgical complaints and problems.    

            6.         That as the direct and proximate result of the negligence of Southwest Medical Center, Inc. as aforesaid, Ronald Hardester died and Plaintiffs, Velma Hardester and Mary Jo Melton, sustained the following damages: loss of services, consortium, support, companionship, comfort, guidance, counsel, instruction and the reasonable costs associated with the burial of the Decedent, as well as, the medical bills to treat his condition in excess of six million dollars and the pain, suffering, mental anguish, and emotional distress of Ronald Hardester.