FLINT, Mich. — A neurosurgeon is taking legal action against Hurley Medical Center, claiming retaliation after he raised concerns about patient safety following the death of a 12-month-old child. Dr. Sudesh Ebenezer filed a lawsuit in U.S. District Court for the Eastern District of Michigan last Monday.
Dr. Ebenezer contends that he was removed from his position on the Neurosurgery Trauma Panel and call schedule after the incident in December 2022. His complaint alleges that the hospital staff “lost track” of the child, who sustained a traumatic head injury, leading to his demise.
The lawsuit states that on the evening of December 9, 2022, Dr. Ebenezer was summoned to assist in treating the child, only to learn that the surgery was canceled due to a supposed medical evacuation. The child, however, remained at Hurley, and staff failed to locate him.
Dr. Ebenezer reported that during this critical time, essential diagnostic tests were not performed. This inaction allegedly prevented him from being able to operate on the child immediately, which may have contributed to the outcome.
“Hurley staff failed to obtain a CT scan of the child’s head despite being advised to do so,” the complaint states, underscoring a series of missed protocols that Dr. Ebenezer discussed with various Hurley employees before the child’s death on December 10, 2022.
In the suit, Dr. Ebenezer claims Hurley shifted the blame for the incident onto him to silence his complaints. He alleges that his first amendment rights were violated, and his contract with the Shah Practice Group was breached, leading to significant financial and reputational harm.
Following the incident, he received a letter from Hurley’s trauma medical director that claimed his actions raised “patient safety and quality of care concerns.” Dr. Ebenezer is seeking compensatory damages for earnings lost and injunctive relief.
A spokesperson for Hurley Medical Center did not respond to a request for comment about the lawsuit.