On December 22, 2016, the parents of a Colorado ten-year-old boy who died on Christmas Eve in 2014, forty minutes after being sent home from the defendant Colorado hospital’s emergency room, filed their Colorado medical malpractice wrongful death lawsuit against the hospital, a physician at the hospital who treated their son, and a nurse employed by the hospital who oversaw the boy’s care while he was in the emergency room.
According to the parents’ Colorado medical malpractice lawsuit, they brought their son to his pediatrician for breathing problems where a diagnostic test for influenza was positive. When two breathing treatments failed to help the boy and his condition got worse, the boy’s father brought him to the defendant hospital emergency room due to the boy’s moderate to severe breathing problems.
The parents’ medical malpractice wrongful death lawsuit alleges that their son was negligently discharged from the emergency room too soon, about ninety minutes after his arrival, after the boy’s stridor was misdiagnosed as croup. As the boy’s father was filling his son’s prescriptions at a Walgreens Pharmacy on the way home from the hospital, the boy collapsed and suffered irreversible brain damage. The parents made the difficult decision to remove him from life support on December 24, 2014. An autopsy determined that the boy had pneumonia and tracheitis in addition to influenza that the parents’ medical malpractice lawsuit alleges were treatable conditions had they been diagnosed and treated in a timely and proper manner.
The plaintiffs’ Colorado medical malpractice attorney alleges in the wrongful death lawsuit that the defendant physician added a self-serving addendum to the boy’s hospital record after she learned that the boy had collapsed due to respiratory arrest at the Walgreens Pharmacy, stating that the boy had one episode of stridor in the hospital which resolved quickly.
The boy’s mother recently stated with regard to the loss of her son, “it’s very different because he used to bring the [Christmas] season alive and without him here it’s just … I don’t feel Christmas anymore … I do have some anger but mainly I’m sad … I just want to bring awareness and make sure this doesn’t happen to anybody else.”
On the same day that the parents’ medical malpractice wrongful death lawsuit was filed, a spokesperson for the defendant hospital stated that the hospital is “aware of the lawsuit that was filed today, though we are surprised by many of the accusations. Our hearts go out to the family, it is never easy to lose a loved one and no doubt this is a particularly difficult time of year.”
If you or a family member suffered serious injury as a result of emergency room misdiagnosis in Colorado or in another U.S. state, you should promptly find a local medical malpractice lawyer in your state who may investigate your emergency room medical malpractice claim for you and represent you or your family member in a medical malpractice case against the hospital and/or the emergency room physician, if appropriate.
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