The family of a child who was disabled after numerous botched surgeries has received a settlement in the case. The child was born with a birth defect that required surgery. However, according to the lawsuit, the doctors did not exercise due care when performing the operation and as a result, caused additional medical problems. The botched surgery led to other surgeries and even some procedures that were considered experimental. The boy was left permanently disabled and will require lifelong care.
The baby in this case was born with a birth defect called esophageal atresia. This is a congenital condition, meaning that that the baby had the defect in the womb. However, according to doctors, this type of medical condition is usually corrected with surgery. In this case, the baby underwent surgery which was supposed to fix the problem. Esophageal atresia occurs when the esophagus is not completely attached to the stomach. Surgery is done to attach the esophagus properly. When surgery is done correctly there should be no further problems and the baby will develop normally.
Surgical Mistake on Infant
In this unfortunate case, the infant suffered serious medical harm due to medical malpractice, according to the lawsuit. As a result of the initial surgical mistake, many other surgeries were needed. In fact, more than 24 surgeries were subsequently performed on the boy. This included some procedures that were allegedly unauthorized and were actually experimental in nature because they did not conform to clinical trial protocol. One of the surgeries was extremely harmful and caused what was deemed “profound and irreversible brain injury and cerebral palsy”. This was caused by the use of an endoclose needle that severed the boy’s pulmonary artery.
Settlement before Trial
While this case is extreme, it demonstrates that medical malpractice does occur. When medical malpractice causes serious injury, the victim and his family are entitled to compensation. The ongoing care and medical expenses, which will continue for the boy’s entire life, will be astronomical. Additionally, the boy will never be able to experience a normal life and must always have round-the-clock care. As occurs in many situations of this type, the lawsuit was settled before going to trial. The settlement is a reported $30 million dollars, the fourth highest settlement for a medical malpractice suit for a minor in Illinois history.
The child in this case will never understand the situation and will never develop normally. While no amount of money can change the prognosis, the family needs payment to cover the medical expenses, treatment, and care that will be required for years to come. Additionally, doctors and hospitals need to understand that they are responsible for the safety and well-being of their patients and are required to provide a high standard of care. When a mistake is made they must be held accountable. If your baby was injured as a result of a medical mistake or birth injury contact the experienced legal team at Levin & Perconti to discuss your case and learn about your options.
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