When an individual sustains a significant brain injury at the hands of medical professionals, life takes a sharp detour off of its ‘normal’ trajectory. When the brain injury is sustained by a child, an entire family is often thrown off-kilter, and left scrambling to determine the best course of action. In the blink of an eye, Texas parents are left to make a series of difficult medical decisions, all in the midst of numbing fear over the well-being of their child.
Once emergency treatment has concluded and a medical prognosis is delivered, the family may begin to consider their legal options. This, too, can be a difficult process. However, many brain injury victims will require lifelong medical care, and it is important that the cost of that case is obtained as soon as possible. When a medical mistake leads to a brain injury, a malpractice suit is the most expedient path to that outcome.
One such case centers on a toddler who went into surgery to address an undescended testicle. While in recovery, the child’s heart stopped beating. The eventual suit asserts that medical personnel did not provide CPR for five minutes following the lack of pulse. While the child was revived, he had no detectable pulse for a total of 15 minutes. The resulting oxygen deprivation left him with severe and permanent brain damage.
County commissioners, upon review of the case, recently approved a $20 million settlement to the boy’s family. Should they decide to accept the settlement, they can use the proceeds to address any existing medical bills, and to cover the cost of the child’s future medical needs. For Texas families who are dealing with similar brain injury issues, news of the settlement may provide the encouragement needed to move forward toward justice in their own cases.
Source: Chicago Tribune, “$20 million settlement in Stroger Hospital surgery case,” John Byrne, Feb. 5, 2013
