Man Paralyzed After Medical Errors Highlights “Systems Problem”

Medical errors are the third leading cause of death in this country. Sometimes those errors are so egregious, such an obvious case of medical malpractice, that it is hard to understand how they could have occurred in the first place.

Take the heartbreaking case of August de los Reyes. He is the design head for Microsoft’s Xbox gaming system. He is responsible for the look and feel of the virtual system, a hugely important factor in a platform designed to be used in multiple countries and languages around the world. Communication could arguably be called de los Reyes’ greatest skill, which makes his story all the more unbelievable.

In 2013, de los Reyes fell out of bed and hurt his back. A fairly minor injury for most, de los Reyes paid attention; he suffers from a rare inflammatory disease that can fuse vertebrae and makes the spine brittle and prone to fracture. Aware of the dangers of his condition, de los Reyes sought immediate medical care when he began experiencing severe back and abdominal pain.

A massive communication failure

At the emergency room at the Overlake Medical Center in Bellevue, WA, de los Reyes told doctors about his condition and that he feared a spinal fracture. The Seattle Times tell us:

“During four emergency-room visits over two weeks, at least six members of Overlake Medical staff ignored de los Reyes’ warnings that he had suffered a spinal fracture, his lawyers said. Although the first ER doctor gave an initial diagnosis of a probable lumbar or thoracic fracture, that doctor didn’t enter his notes into the medical record for five days, and others told conflicting stories about the instructions given. De los Reyes was repeatedly evaluated, ‘assured there was no fracture and sent home with pain medications,’ according to the complaint filed in October 2014 in King County Superior Court” (emphasis ours).

On de los Reyes’ fourth visit to the Overlake ER, technicians were positioning him for an MRI when he went limp; his back was broken, and he would never walk again.

This is but one example of how a medical error – in this case, lack of communication – can contribute to devastating, permanent effects on a person’s life. Sometimes, victims do not think they are victims, because they don’t see how this is anything but an “accident.” But what happened to de los Reyes was not an accident: it was a never event, a medical mistake so serious it never should have happened. Doctors not only failed to listen to the patient, but clearly ignored important health information that would have been in his medical files, had they reviewed them properly. On top of that, the initial doctor failed to write clear, consistent notes in the file.

In short, six different doctors failed de los Reyes entirely.

Fighting the good fight

After months of rehabilitation and therapy, de los Reyes was beginning to accept the new circumstances of his life, but he would never accept the errors that led to his paralysis. He sought legal counsel and filed suit against Overlake. This past March, Overlake settled the lawsuit for more than $20 million, but de los Reyes wanted more. The Times reports that, “Aided by his lawyers, he refused to keep terms of the agreement secret and demanded that the hospital investigate and evaluate the circumstances that led to his injury — with his participation. Within days of signing the settlement, de los Reyes met with Overlake CEO Marsh.”

The systems designer, aided by aggressive legal counsel, is working hard to effect positive change. At McGowan, Hood, Felder & Phillips LLC, we fight hard to make healthcare providers sit up and pay attention when our clients become victims of medical malpractice. If you or your loved one has suffered at the hands of a negligent healthcare provider, our experienced South Carolina medical malpractice attorneys will fight to get you the compensation you deserve. Call 803-327-7800 or contact us today for a free consultation.