ANYONE SEEN A SKULL? HOSPITAL MISPLACES PATIENT’S BODY PART
All of us have had to search underneath the couch cushions for a missing wallet or TV remote, or we’ve had to scour the mall parking lot in search of our somehow misplaced car keys. I would almost certainly lose my head if it were not attached to my body. Which, as it turns out, is why I definitely should not work at one particular Atlanta hospital. In September 2022, the Emory University Hospital Midtown staff allegedly misplaced something more important than the contents of a patient’s pants pocket. Following his brain surgery, Fernando Cluster was horrified to discover that the hospital had misplaced part of his skull. What a Headache Fernando underwent emergency brain surgery after suffering a stroke and subsequent cranial bleeding. As part of the surgery, surgeons removed a portion of
the hospital to fulfill its end of the bargain. The hospital made errors when identifying the bone flaps and had no idea which skull fragments belonged to Fernando. Eventually, hospital staff informed the patient they could not find his bone flap and, as a result, they would be unable to put the missing pieces back in his skull. Suing Over a Skull Consequently, Fernando and Melinda Cluster have filed a civil lawsuit against the hospital. The Clusters claim the hospital’s failure to find his bone flap led to an extended hospital stay, increased medical debt, and undue pain and suffering. Not to mention, of course, the alleged negligence in misplacing a patient’s skull. If nothing else, the Clusters have a remarkable story to tell and, most probably, a large settlement headed their way in lieu of a fully intact brain cage.
Fernando’s skull, known as a bone flap, with plans to reattach that portion of his skull
after he healed from his surgery. While the hospital scheduled the procedure to repair Fernando’s skull for November 2022, issues arose that made it impossible for
HOLIDAY HUSTLE
What to Know About Seasonal Employment Injuries
As the holidays kick into high gear, many of Texas’ big box retail stores will hire seasonal workers to meet the demand. If you are working a seasonal position at Amazon, Walmart, or another large store, it’s essential to understand what you can do if you are injured on the job. Temporary employees hired for the holidays have the same rights as traditional workers, even at non- subscriber companies — businesses that do not participate in workers’ compensation. Let’s unwrap what you need to know if you work a seasonal gig this year. Understanding Nonsubscribers Texas is the only state in the country that does not require businesses to provide workers’ compensation. Instead, many companies carry their own insurance and are called non-subscribers. Many of the big
box stores that hire seasonal employees are non-subscribers. So, if you are injured at one of these companies, you won’t have workers’ comp benefits; you’ll need to file a personal injury claim and prove your injuries were a direct result of the job. You can allege more damages in a personal injury claim versus workers’ comp, like pain and suffering and punitive damages. Proving Your Case Like regular employees, seasonal workers must prove that their employer’s negligence caused their injuries. You must show four elements to win compensation for your claim: duty, breach, damages, and causation. Employers are legally required to create a safe work environment for all their employees, including temporary hires. If they, for example, violate any OSHA rules, they
could be deemed as not meeting their duty to keep workers safe. To claim damages, you must show that you have suffered financial, emotional, or physical pain. So, it’s essential to seek medical attention so you understand your injuries and can prove them. Risk Factors Seasonal employees often face a higher risk of injuries due to the demanding nature of their work. They might not receive as much job training as regular employees and could be working multiple jobs, which can lead to fatigue. Workers in the hustle and bustle of this busy time of year can face a demanding and sometimes dangerous workload. If you are a seasonal employee who’s been hurt at a large retailer like Walmart or Amazon, contact Armstrong Law today.
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