Making a difficult situation far worse than it had to be, a hospital that erred in pronouncing a boy dead, is facing a medical malpractice lawsuit for the suffering that the family went through for several hours, as reported by the Washington Post and several other news outlets.
J.D's family contend that a Chicago hospital took the boy off a life-supporting ventilator for several hours after pronouncing him dead, though the family saw his eyes and body continue to move.
After five hours, according to the family, they were able to persuade hospital staff to perform a cardiac ultrasound to confirm J.D.'s true condition – and learned that his heart was beating.
The lawsuit was filed by J.D.'s parents, S.L. and P.D., against Chicago's Mercy Hospital and Medical Center during.
The hospital claims that their actions were validated. A written statement prepared by the hospital said that J.D. arrived at the hospital 25 minutes after having a full cardiac arrest. The statement also said that hospital physicians worked on J.D. for an "extended period of time" before pronouncing him dead.
The statement read, "Despite extensive resuscitative efforts, (J.D.) did not immediately regain a pulse and no heart activity was noted for several hours... While this is a very rare occurrence, extensive resuscitation efforts, medication and young age can result in a patient's heart function returning spontaneously. We hope for continued strength for (J.D.)"
P.D. told reporters, "You didn't have to be a doctor to see that the heart was pumping blood."
J.D., 8 years old, has lived for the last six of his years with brain damage. His disabilities, according to his parents, limit him to his bed and he must be on a ventilator. Prior to the February event he could still smile at, and hear, his family members. J.D.'s family believes that they will see his smile, missing since the event, when they see him "in heaven."
According to the family's layers, details of J.D.'s medical condition will not be released due to the ongoing lawsuit.
J.D. was pronounced dead on February 18 after his mother had found him unresponsive. However, J.D.'s eyes continued to flicker, opening and closing, and the hospital staff accounted the movement to the lasting effects of the medicine in his system.
P.D. said, "We're not doctors, so we just went along with what they told us."
The family began to plan for J.D.'s funeral. As relatives arrived at the hospital they, too, noticed J.D.'s eye movement. The action caused some of them, according to PD., to audibly gasp. This caused the family to demand that the boy be further tested to confirm whether he was alive or not.
J.D.'s family is asking for $200,000 in damages for what they describe in the suit as hours of "severe emotional stress" they were forced to endure due to the hospital's false death pronouncement.
Of another consideration asserted in the lawsuit, is whether or not J.D. suffered with further damage when the hospital had removed him from his respirator.
Hospitals and medical staff can be held responsible for their negligence when it leads to harm. If you, or someone in your family, has been hurt while under the care of a hospital or medical facility, click here to contact a medical malpractice attorney and file your lawsuit.