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Family claims negligence, surgical errors led to brain damage

When a couple in Texas learn a baby is on the way, the soon-to-be parents have the expectation that after delivery they will return home with a healthy child. Unfortunately, that is not always the case. Many children are born with medical conditions that require treatment. The hope is that treatment will improve a child's health, but one out-of-state family claims that surgical errors and other negligence actually worsened one child's condition, causing cerebral palsy and brain damage.

Representatives for the family claim that the child was born with several conditions that did not threaten his life. These conditions included an issue with his esophagus. The lawsuit claims that within two years of life, the child underwent approximately 25 surgical procedures at the hands of a single doctor. The family claims that many of these surgeries were experimental in nature.

Negligence allegedly began early, when the doctor performed a procedure to repair the child's esophagus when he was less than one month old, even though the child had undergone surgery the day after he was born. It also alleges that the doctor attempted unproven methods to repair the child's esophagus, including using a stint. In the last surgery the doctor performed, he allegedly attempted to utilize a device used for suturing to repair the esophagus but, instead, punctured the child's pulmonary artery. The lawsuit described the use of this tool in this manner as off-label and inappropriate.

Representatives for the family claim that the doctor's actions were careless and negligent. Additionally, they claim that they fact that he was able to behave in such a manner demonstrates a lack of hospital oversight. The hospital, claiming that settling the case was in the best interest of the family and child, agreed to settle the case for $30 million.

Thanks to advances in modern medicine, doctors and other medical care professionals are sometimes able to perform what many would describe as miracles. Unfortunately, using medical technology in inappropriate manners can result in surgical errors that could have lifelong consequences for patients and their families. Those in Texas who have been harmed by the negligence of doctors or hospitals have the option of seeking legal recourse through the civil court system. In addition to a potential settlement or award, victims can help prevent others from suffering similarly. Consultation service from the Maloney Team is free. Contact us today to get started.

Source: Chicago Tribune, "$30M malpractice settlement against doctor who worked at Chicago hospitals", Ameet Sachdev, Feb. 22, 2016

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