Saturday, March 28, 2026

Wrongful death lawsuit filed against Freeman


A Nevada man whose wife died following a March 27, 2024 surgery at Freeman West Hospital, Joplin, filed a wrongful death lawsuit Thursday in Jasper County Circuit Court, followed by an amended petition Friday.

Listed as defendants in the action are Freeman-Oak Hill Health System, Freeman Orthopedics and Sports Medicine, Derek Miller, D. O., Mohammad Rahman, D. O., David Buvant, M. D.,, Darla P. Easter, FNP; Jessica Statz, D. O., Justin Wilberding, D. O. and Christine Grimes CRNA.







According to the petition, Jerry Gilmore says CT scans and x-rays showed that his wife, Diane Gilmore, was not a good candidate for the elective hip arthroplasty surgery.

From the petition:

Diane Gilmore had pulmonary conditions and one or more brain tumors that should have been treated before surgery;

Diane Gilmore, by virtue of her pre-surgery condition, was not a good candidate for anticoagulation drugs;

Diane Gilmore, by virtue of her pre-surgery condition, was not a good candidate for anesthesia.

Gilmore is represented by El Dorado Springs attorney Mark Watson.

5 comments:

Anonymous said...

Who signed the surgery consent form? The patient or the spouse?

Anonymous said...

I have a hard time believing a woman with multiple comorbities had surgery done. This could have been a case where either wife or spouse didn't fully reveal what her medical history was prior to, or the doctors discussed with her the potential risk and she said she wanted to proceed anyway because her hip affected her greatly. Not enough details to go on.

Anonymous said...

Dr. Miller and Darla scoped my knees eight times over a decade, then replaced both. They did a great job every time- changed my life. Anybody can make a mistake, but they treated me for twelve years and I can't voice one complaint.

Anonymous said...

Patient. You sign a form at Miller's office as well as day of. As an elective surgery it alone shows it was not a required surgery for her wellbeing there for she knew the risks as well as knew the potential. Her husband just sees $ signs to profit off her untimely passi g. I personally have undergone surgery at the hands of Dr Miller and Darla and trust them whole heartily 5 surgery with them and every time I am well advised of all the potential risks and potential outcomes.

Anonymous said...

1:26 I agree with your assessment. Somebody signed the consent for surgery for this surgery to occur. Between myself and multiple family members, never has anybody had any surgery done without a physician going through a complete lists of possible outcomes and complications, even in an emergency situation.