A Marshallese man who was discharged from Majuro hospital's emergency room without treatment for his broken neck has sued the Ministry of Health for malpractice.
Christopher Patrick also sued the National Telecommunications Authority, whose cell tower collapsed on a truck he was driving in Majuro in early 2017.
Mr Patrick, who was seriously injured when the communications tower collapsed on his vehicle, was discharged from Majuro hospital's emergency room a short time after entering on the night of the accident, March 1, 2017.
Two days later, Mr Patrick got on a plane to Hawaii and walked into the Kona Community Hospital, according to his civil suit against the hospital and the authority.
The Big Island hospital diagnosed him as having a broken neck and from this diagnosis he was "flown on an emergency basis to Honolulu, for eventual neck surgery at the Queen's Medical Center", his lawsuit said.
In March 2017, a cell phone communications tower collapsed in Majuro, hitting a truck and its occupants who were driving by. The tower was replaced with this new 80-foot communications tower later in 2017 by the National Telecommunications Authority. Photo: Giff Johnson
Mr Patrick and his wife Almira Koniske are now suing Majuro hospital, as well as health minister Kalani Kaneko and health secretary Julia Alfred for medical malpractice.
They engaged attorneys from the Honolulu law firm Clay Chapman Iwamura Pulice and Nervell to represent them, along with Guam-based attorney Philip Okney and Majuro attorney Witten Philippo.
The Ministry of Health is represented by the Marshall Islands Attorney General's Office.
"We can confirm that Christopher Patrick has filed suit alleging negligence on the part of the hospital," said attorney general Filimon Manoni on Friday.
"We are preparing a response by way of a motion to dismiss or 'answer' to the complaint."
The medical malpractice and personal injury lawsuit stated that the Ministry of Health held "itself and its health care provider employees, agents, servants and representatives out to members of the general public and to Plaintiffs as possessing that degree of care and skill ordinarily possessed and exercised by like health care providers".
But the suit argued that medical competence was lacking when Mr Patrick went to the hospital's emergency room for treatment after the 80-foot tower fell on his vehicle as it was driving past.
He "sustained severe, debilitating and permanent injuries while operating a motor vehicle upon which a cell tower fell…crushing his head, neck and other parts of his body, causing great and sudden pain, leaving him stunned and in need of immediate medical assistance", the suit said.
The lawsuit said the hospital took x-rays of his neck.
Last August, Mr Patrick filed a claim by letter with the Attorney General's Office pursuant to the country's legal procedures.
But Mr Patrick received no result from filing this claim and after three months decided to file the lawsuit so that it would also be in compliance with a one-year deadline from the date of filing an administrative claim.
"Failure to timely obtain a proper x-ray result and to properly diagnose a fracture in his cervical vertebra was a breach of the standard of care (that should have been provided)," the lawsuit said, adding that when he was told he could leave the hospital by medical staff, he "had no idea that he had a fractured neck".
Diagnostic tests at Kona Community Hospital on March 3, two days later, showed a "closed fracture of the first cervical vertebra and a secondary diagnosis of a displaced fracture of the sixth cervical vertebra".
As a result of "the carelessness, negligence, actions and omissions of employees, agents, servants and representatives of defendants, the Minister of Health and the Secretary of Health, Patrick suffered great physical pain, suffering, discomfort, emotional injuries and distress, and mental anguish", the lawsuit said.
In his suit against the National Telecommunications Authority, Mr Patrick said that as he was driving along the main road near the telecom's tower, he "reasonably could not anticipate that a cell tower would fall".
"NTA's failure to properly maintain or surveil the cell tower as its owner… created an unreasonable risk of harm, which caused the cell tower to fall onto the vehicle Patrick was operating," the lawsuit asserted, adding NTA controlled the cell tower and was in a position to take action to remove any hazards.
"As a direct result of the falling cell tower, Patrick required urgent medical care," said the lawsuit. "As a direct result…of NTA's negligence, Patrick has incurred and will continue to incur, medical and rehabilitation expenses, and suffer severe and permanent injuries, emotional distress, extreme pain and suffering, and loss of enjoyment of life."
Both suits are seeking damages in an amount to be proven at trial.
NTA is represented by Majuro attorney David Strauss. He said in response to Patrick's initial complaint "NTA filed a Motion to Dismiss. They filed an amended complaint (last week). NTA has until April 25 to file an answer".
