From Staff Reports

ASHEVILLE, N.C. — A medical malpractice and wrongful death lawsuit was filed Aug. 21 alleging that severe nurse negligence at Mission Hospital in Asheville led to the preventable death of a high-risk patient

The lawsuit was filed by the estate of Serrano Hernandez, 64, a high-risk patient with end-stage renal disease who died following medical treatment on Sept. 13, 2024.

 The complaint names Mission Hospital, nurse Andrew Hunter and Dr. Jason Dziak as defendants, seeking unspecified damages through a jury trial.

According to the lawsuit, an investigation by the North Carolina Board of Nursing confirmed that the care provided by Hunter fell below the minimum standard of practice.

Following are key details of the incident:

• Patient: 64-year-old Noe Serrano Hernandez. 

• Date: Sept. 13, 2024.

• Procedure: Routine surgery to treat an ulcer on his left foot.

• Event: Roughly 51 minutes after anesthesia began, Hernandez reportedly suffered a cardiac arrest. He was resuscitated and moved to the intensive care unit, where he remained comatose on a ventilator before dying eight days later on Sept. 21.

Core allegations in the lawsuit are as follows:

• The estate's claims: Filed on Aug. 21 in Buncombe County Superior Court, the lawsuit targets HCA Healthcare (the owner of Mission Hospital), nurse anesthetist Andrew Hunter, and supervising anesthesiologist Dr. Jason Dziak.

• Nurse anesthetist (Andrew Hunter): Accused of failing to properly monitor the patient, failing to recognize worsening vital signs, failing to maintain the patient's airway and oxygenation, and failing to timely communicate the declining status to the surgical and medical team.

• Supervising anesthesiologist (Dr. Jason Dziak): Accused of failing to adequately supervise the anesthesia care and failing to intervene in time.

• System/hospital liability: The suit highlights that Hunter was unfamiliar with the hospital's electronic charting system, suggesting he may have been assigned to care for a high-risk patient (who had end-stage renal disease) without proper training or familiarity.