A Connecticut man is suing after he allegedly fell off the operating table in mid-surgery and was injured at Yale New Haven Hospital.
The medical malpractice lawsuit, brought against the hospital, Yale New Haven Health Services Corporation and two anesthesiologists, was filed Tuesday in New London Superior Court by Jason Apostoleris and his wife, Amalia, of New London.
The suit alleges that on Oct. 11, 2021, 58-year-old Apostoleris “suddenly and abruptly” fell from the operating table and onto the floor during left carotid to subclavian bypass while under anesthesia, resulting in immediate injuries and long-term suffering.
“Yale New Haven Hospital is aware of this lawsuit and is committed to providing the safest and highest quality of care possible, however, we are unable to comment on pending litigation,” a representative of the hospital said in a statement to the Courant.
Robert Shluger, the Connecticut attorney representing Apostoleris, said the fall happened after the surgeon had opened Apostoleris’ neck for surgery and requested a slight tilt of the operating table.
According to a letter attached to the complaint, authored by an unidentified physician and reportedly board-certified anesthesiologist who reviewed Apostoleris’ hospital records, medical staff allegedly failed to secure a safety strap during the procedure.
The author of the letter said that this failure was a “deviation from standard of care” and “had the mandated attention been paid to take the easily implemented step of safely strap application prior to tilting the table, Mr. Apostoleris would not have fallen, and the resultant injury would not have occurred.”
The suit claims Apostoleris “fell to the operating room floor, underwent the disconnection to him of the breathing apparatus during the surgical process, underwent the operating room staff pulling on his body and limbs to try to minimize the risk of harm of falling onto the floor, underwent a surgical procedure that lasted hours longer than planned, underwent additional medical treatments and medical tests, and underwent an extended hospital in-patient stay.”
As a result of the fall, and subsequent actions taken by medical staff to reconnect Apostoleris’ breathing apparatus and “minimize the risk of harm of falling onto the floor,” the lawsuit alleges that Apostoleris “suffered severe and long lasting pain,” including nerve damage at the surgical site, a rotator cuff tear and other injuries from the left clavicle area to the left shoulder.
“Because of this interruption in the surgery, a two-hour surgery turned into an almost six-hour surgery,” Shluger said. “Instead of being hospitalized for two days, he was hospitalized for 12 days.”
“The nerves that were exposed were stretched and pulled and stressed for a much longer period than this surgery had planned,” Shluger added. “To him that translates to daily pain, constant pressure at the surgical site and limitation of movement and pain upon normal exercise.”
Shluger said Apostoleris did not learn about the fall until after he woke up from surgery and that his client now fears future surgeries requiring anesthesia.
Citing physical injuries, emotional suffering, medical costs, limited activity, pain and diminished wages as a professional drummer, Apostoleris is seeking monetary damages in excess of $15,000, excluding interest and costs.
