by Mindy Aguon

Guam - A California couple are suing the Guam Memorial Hospital, alleging medical malpractice and negligence during treatment at the Emergency Room back in 2010. Rafael and Maria Atilano are suing GMH and the Government of Guam for more than a half-million dollars.

According to court documents in March 2010, Rafael Atilano went to ER for evaluation and treatment complaining of an inability to urinate and numbness to the right side of his buttocks down to his thigh. The lawsuit claims that no imaging studies were taken of Atilano while at the hospital and no referral was made for specialty care, despite his symptoms. The complaint states that the treatment of Atilano by defendant agents and employees while at GMH for the emergency treatment of his condition fell below the applicable standard of care in that defendant failed to diagnose his condition of Cauda Equina Syndrome, which needed "emergency surgical treatment".

As a result, he has suffered complications to his spinal cord nerve. The couple accuse hospital staff of deviating from standard approved medical practices and negligently failing to treat him with the degree of skill, diligence and attention used by and expected of such clinics and hospitals. As a result of the alleged negligence of the hospital, Atilano is now left permanently disabled suffering from permanent numbness in his groin, no voluntary control of his bladder and bowels and has difficulty walking.

Atilano has lost out on wages and employment and they allege his wife have, and will be deprived of the society, companionship and services usually provided by a spouse in good health and of unimpaired vigor and strength. The couple alleges that if the condition had been properly diagnosed and treated, the condition could have been effectively treated and the permanent disabling outcome avoided.

The couple seeks $300,000 in damages for Rafael's personal injury in addition to past and future medical expenses, damages for lost income and other opportunities, replacement services and another $300,000 for the loss of consortium for Maria. as well as other costs to be proven at trial.