Following a settlement that was recently reached in a lawsuit against a medical facility and a physician in another state, a 6-year-old boy’s mother may rest assured that proper lifetime care can be provided. Delaware victims of surgical errors need not carry the burden alone as negligent medical practitioners can be held accountable. This lawsuit arose from an error made by the surgeon during a procedure shortly before the boy’s third birthday.
According to court documents, upon the boy’s birth on Nov. 5, 2009, it was determined that his esophagus had a leak that needed repair. The condition is apparently regarded as easily correctable and non-life-threatening, and the doctor performed the surgery on the following day. The procedure was apparently unsuccessful, and the child was transferred to another hospital where the same surgeon performed more surgical procedures on the young patient.
The lawsuit stated that, by Aug. 2011, the child had undergone 24 experimental surgeries, and on Aug. 17, during yet another surgery, the doctor allegedly made an error. It was claimed that improper use of a surgical needle caused the pulmonary artery of the child to be severed. This surgical error left the boy with damage to his brain and cerebral palsy.
The boy’s mother accepted the $30 million settlement that was offered. Delaware individuals who have to cope with the consequences of surgical errors are entitled to pursue financial aid through the civil court. However, this is a complicated field of the law, and navigating such a claim may be best done by an experienced medical malpractice attorney.
Source: Chicago Sun-Times, “$30 million settlement in malpractice case against surgeon, Rush”, Accessed on March 3, 2016