North Carolina Hospital Exposed Patients to Rare Disease in Terrible Medical Malpractice Case

A hospital in North Carolina admitted on Monday, February 10th, that it exposed 18 patients to a rare and fatal disease, in a bizarre case that could lead to medical malpractice lawsuits against the company.

Medical malpractice involves professional negligence on the part of the doctor, surgeon, or hospital, which leads to substandard treatment and patient personal injury or death.

The hospital reportedly exposed the patients to Creutzfeldt-Jakob disease, a rare illness that can be contracted through organ transplants or surgeries. Although most hospitals are required to undergo “enhanced sterilization procedures” after operating on a patient with CJD to prevent transmission, Novant Health Forsyth Medical Center in Winston-Salem, NC admitted that, after a January 18th procedure, hospital workers failed to properly sterilize the instruments. In the past 3 weeks, the hospital has performed an additional 18 procedures on neurological patients and they could have been exposed to the disease.

“Our standard procedure is to apply the enhanced sterilization process to surgical instruments that are used on any patient who is suspected or confirmed of having CJD in order to prevent possible transmission,” the hospital said in a statement. “There were reasons to suspect that this patient might have had CJD. As such, the extra precautions should have been taken, but were not.”

“On behalf of the entire team at Novant Health, I apologize to the patients and their families for having caused this anxiety,” Jeff Lindsay, president of the medical center, said at a news conference. So far, none of the patients has filed a medical malpractice lawsuit.

CJD affects only 1 in a million people annually, according to the National Institutes of Health. The disease is believed to be caused by abnormal prions that lead to a sponge-like pattern of holes in the brain. Symptoms of the disease can take years to manifest, but once they do, patients with CJD typically survive up to 4 months.

“The risk to these individuals is remote,” Dr. Jim Lederer, the hospital’s vice president of clinical improvement, said in a statement. “However, we cannot say there is no risk and therefore it is our obligation to notify patients and provide them with information and support. Our first concern is for our patients who are recovering from surgery and may now need additional support.”

Kevin Howell, spokesman for the North Carolina Department of Health and Human Services, said the department is aware of the hospital’s mistake and will monitor the 18 patients for symptoms.

Proving Medical Malpractice or Negligence

The first element that must be established in a South Carolina medical malpractice lawsuit is negligence.

A doctor is responsible for providing a standard of care equal to the doctor’s training and experience under a particular set of circumstances. The standard of care, however, changes depending on a number of factors specific to your situation. Although medical malpractice is really a form of negligence, it must be proven through the use of expert witnesses since the issues involved almost always require specialized knowledge and skills which are beyond those of the average lay juror.

The second element that must be established in a South Carolina medical malpractice lawsuit is proving causation.

Even if you prove that your doctor was negligent, (that the doctor’s conduct fell below the standard of care required under those circumstances), you must still prove that his or her ”departure from good and accepted medical care” caused the injury.

The Strom Law Firm Defends Patients in Medical Malpractice Cases

If you or a loved one have been injured as a result of a medical mistake or medical malpractice, whether unclean instruments caused a disease, or lack of training created internal injuries, contact a South Carolina Medical Malpractice Attorney at The Strom Law Firm, LLC today. We offer free, confidential consultations to discuss the facts of your case. 803.252.4800