A mother says a routine request for her son’s medical records turned into an emotional ordeal after a Las Vegas hospital allegedly told her by email that he was a deceased patient — even though he was alive.
Marlene Garbowski filed a lawsuit against Southern Hills Hospital and Medical Center and hospital employees, accusing them of negligence and negligent infliction of emotional distress. The lawsuit was filed in Clark County District Court on Sept. 30, 2026.
According to the complaint, Garbowski contacted Southern Hills on Nov. 1, 2024, while seeking medical records for her son, Geoffrey. The records were needed in connection with his application for Supplemental Security Income benefits.
Four days later, the lawsuit says, she received an email stating that the hospital could not provide the records because Geoffrey was listed as a “deceased patient.”
The complaint alleges that Geoffrey was alive and remained alive. Garbowski says she did not discover that the information was wrong until about three days later.
Mother Says the Mistake Left Her Unable to Get Out of Bed
The lawsuit describes the effect the message allegedly had on Garbowski as much more than a brief misunderstanding.
Her attorneys say she spent roughly three days believing her son had died. During that time, she allegedly struggled to get out of bed and was unable to carry on with normal daily activities.
The complaint also says Garbowski took prescription anti-anxiety medication that she had not previously needed because of the distress she experienced after receiving the hospital’s message. She is seeking damages for what she describes as severe emotional distress and continuing psychological harm.
The lawsuit alleges that a complaint manager from Southern Hills contacted Garbowski several weeks later, acknowledged the mistake and apologized. According to the complaint, the manager described the incident as a “learning tool” for the hospital.
Garbowski’s attorneys argue that the hospital had a responsibility to provide accurate information when communicating with her about her son’s medical records.
Hospital Says Third-Party Vendor Was Involved
Southern Hills has disputed the full account presented in the lawsuit.
In a statement reported after the lawsuit was filed, the hospital said it was sympathetic to the concerns raised and remained committed to its standards of care and service. The hospital also said the information it reviewed indicated that an error occurred in a process handled by a third-party vendor.
Southern Hills said the allegations did not fully reflect the circumstances and declined to comment further because the case is pending.
That response is significant because the lawsuit represents Garbowski’s allegations, while the hospital has indicated that it has a different understanding of how the error occurred.
What Led to the Lawsuit?
Geoffrey had previously been a patient at Southern Hills Hospital in January 2024, according to the complaint.
Months later, Garbowski sought his medical records while helping with his SSI application. The lawsuit says the request eventually resulted in the Nov. 5 email identifying Geoffrey as a deceased patient.
The complaint argues that the hospital had a duty to exercise reasonable care when providing information about patients and maintaining medical records. It also points to Nevada requirements concerning the accuracy and handling of health records.
Garbowski’s attorneys contend that the hospital’s alleged mistake caused significant emotional and physical consequences.
Lawsuit Seeks Damages
The case accuses Southern Hills Hospital and its employees of negligence and negligent infliction of emotional distress.
Garbowski’s attorneys say the alleged harm included several days of severe distress, the need for anti-anxiety medication and continuing psychological effects. The lawsuit seeks damages related to those claims.
The case is still pending, and the allegations have not been established as facts by a court. The hospital has the opportunity to respond to the claims as the litigation moves forward.
For now, the dispute centers on how a living patient was allegedly identified as deceased during a medical-records request, what caused the error and whether the hospital can be held legally responsible for the consequences Garbowski says followed.
