35 Trial Lawyer • Fall 2023 Marc Johnston By Marc Johnston OTLA Guardian If a hospital loses power, patients will die. Hospital systems know this and have multiple safeguards to prevent power loss. A working power supply to a hospital is like rain to crops — required to sustain life. Hospital systems recognize the requirement of uninterrupted power and have safeguards in place to prevent power loss resulting in patient death. The evidence is Harold Serkin did not die peacefully. He died in a chaotic environment, with fire alarms screaming, emergency lighting flashing, and with his care team panicked and rushing to save his life. Conscious during his angioplasty procedure, Serkin knew the hospital lost power. He was likely terrified. Serkin’s last memory would have been of a dark hospital, an aborted surgery, and being frantically unhooked and wheeled out of Cath Lab 4 and down a dimly lit hall. When Serkin and his surgical team reached Cath Lab 3 and the power came back on, 17 minutes had elapsed, and Serkin’s heart had stopped. His surgical team could not resuscitate him, and Serkin died. Had the power not been cut, this lost 17 minutes was more than sufficient for surgeons to complete Serkin’s angioplasty procedure. Three more minutes would have sufficed. System failure Serkin died due to a system wide hospital failure and the breakdown of three safeguards necessary to sustain hospital power. This was not a medical malpractice case — Serkin’s surgeon’s tried heroically, but in vain, to save his life. This was a hospital facilities negligence case. Every patient entering a hospital places their trust and their life in the hands of the hospital structure and system required to maintain power. Hospitals facilities is a distinct department within a hospital, tasked with ensuring the operational capability of the hospital. Temperature, air flow, sewer, water and power are all in the hands of the hospital facilities department. Every hospital is required to have backup power generators. Backup generators are the first line of defense against a disruption or loss of power. Hospital safety protocol requires that the facilities department run a test of the backup generator every month. This ensures the backup generator is working properly and is prepared to safeguard patients by ‘kicking on’ in the event of power loss. Monthly backup generator testing carries its own risks. Testing backup generators requires the main power be cut, to ensure the backup generator starts automatically and immediately. Prior to beginning the monthly generator test, hospital safety protocol requires facilities staff to contact the Cath Lab, the ER and every operating room. If a patient is in surgery or en route to surgery, the generator test must be aborted and rescheduled. Facilities may only begin the backup generator test after verbally confirming that no patient is in the midst of life saving surgery or en route to surgery. This life saving communication never happened for Serkin. Heart Surgery GONE WRONG Harold and Julie Serkin See Heart Surgery Gone Wrong p 36
RkJQdWJsaXNoZXIy MTY1NDIzOQ==