Lawsuit: Las Vegas hospital falsely told mother her son was dead

A New Jersey woman has filed suit against a Las Vegas hospital, accusing medical staff of falsely informing her that her son was dead when, in fact, he was and remains alive.

Attorneys for Marlene Garbowski have accused Southern Hills Hospital and Medical Center and its employees in the legal complaint of negligence and negligent infliction of emotional distress, as Garbowski did not learn the information was false until three days later.

The lawsuit contends that a complaint manager contacted Garbowski weeks later to acknowledge and apologize for the error, calling it a “learning tool” for the hospital.

“During this three-day period, Ms. Garbowski generally was unable to get out of bed, was paralyzed by grief, and was unable to function in her day-to-day life,” the complaint stated. “During this three-day period, Ms. Garbowski was compelled to take a prescription anti-anxiety medication that she had never previously needed to take, in an effort to cope with the emotional distress caused directly by Southern Hills’ false statement.”

Southern Hills did not immediately respond to a request for comment.

Garbowski’s son, Geoffrey, was previously a patient at Southern Hills, located at 9300 W. Sunset Rd., near the 215 Beltway, around January 2024, the lawsuit stated.

Garbowski contacted the hospital later that year on Nov. 1, 2024, to obtain copies of her son’s medical records as part of his application for Supplemental Security Income benefits, but was told by email on Nov. 5 that Southern Hills could not release the records because her son was a “deceased patient,” the complaint said.

The lawsuit states that the hospital had “a duty to exercise reasonable care in the accuracy of information” it relayed to her, noting that state law also “requires hospitals to maintain accurate, properly filed, and readily retrievable medical records, and to employ sufficient qualified personnel to ensure that patient information is accurately and promptly communicated.”

It also contends that the complaint manager’s comments to Garbowski amount to an admission that the hospital erred.

“As a proximate result of Southern Hills’ negligent conduct described herein, Ms. Garbowski has suffered, and continues to suffer, severe emotional distress with accompanying physical manifestations, including but not limited to her inability to get out of bed for approximately three days and her need for prescription anti-anxiety medication, as well as ongoing psychological harm,” the lawsuit stated.