Atlanta Hospital Sued After Allegedly Losing Part of Patient’s Skull
Many of us have been in a situation where we have misplaced something important. Perhaps you cannot find your car keys just before you have to leave for work. Or maybe there is a work-related email that you simply cannot find no matter how many different ways you search.
But what happens when you’re a hospital that loses part of a patient’s skull? That is precisely what a Georgia couple alleges in a personal injury lawsuit they recently filed against Emory University Hospital and several unknown “John Does” associated with the health care facility.
According to the plaintiffs’ complaint, filed in DeKalb County State Court on August XX, the plaintiffs are a husband and wife. The husband received treatment at Emory for bleeding in his skull. Emory staff performed a surgical procedure known as a decompressive hemicraniectomy. This requires removing a portion of the patient’s skull.
In this case, Emory staff removed a small piece of the husband’s skull–known as a “bone flap”–measuring 12-by-15 centimeters. After the husband healed from the surgery, the staff would then perform a cranioplasty–that is, they would re-implant the bone flap previously taken from the skull.
Unfortunately, when it came time to perform the cranioplasty, the complaint alleges the hospital staff “could not identify” the husband’s bone flap. There were allegedly “several bone flaps with incomplete or missing patient identification,” so the staff could not conclusively identify which, if any, was the husband’s bone flap.
As a result of this mishap, the complaint goes on to say, the husband had to remain in the hospital for two additional weeks while an artificial bone flap was fabricated and inserted. This synthetic flap subsequently developed an infection, the complaint alleges, requiring the husband to undergo additional surgery.
Ordinary Negligence vs. Medical Malpractice
The complaint alleges “ordinary negligence” on the part of Emory and its unidentified staff members with respect to the lost bone flap. While there is certainly nothing “ordinary” about a hospital losing a patient’s body part, this allegation is meant to distinguish the plaintiff’s complaint from one alleging professional negligence, i.e., medical malpractice.
In Georgia, medical malpractice lawsuits must follow certain special rules that do not apply to cases of ordinary negligence. For example, a medical malpractice complaint must be accompanied by an affidavit signed by a qualified health care professional who can identify how the defendant health care provider deviated from the accepted “standard of care” for their specialty. Ordinary negligence claims require no such expert witness testimony.
Contact Hawkins Spizman Trial Lawyers Today
If you have been injured by an act of ordinary or professional negligence, it is in your best interest to seek out legal advice from a qualified Atlanta personal injury attorney. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
Source:
nbcnews.com/news/us-news/couple-sues-atlanta-hospital-allegedly-losing-part-patients-skull-brai-rcna167063
