The family of a now seven year-old girl has been awarded $11 million on her behalf in a medical malpractice lawsuit that began 7 years ago when hospital doctors allowed her to wait for hours in an emergency room, and the delay left her with permanent brain damage, as reported by The Journal News.
In June of 2006, when K.M. was nine days old, her parents called their pediatrician for advice as the baby was having trouble breathing. Their doctor recommended that they take K.M. to the hospital immediately.
The parents arrived at Lawrence Hospital Emergency room in Bronxville and were told to wait for their baby to be evaluated by a doctor. According to the suit, filed in 2008, the hospital and two of its physicians failed to look at K.M. for several hours while she continued to have difficulty breathing.
According to court documents, when doctors finally did examine K.M. she was blue and had a temperature of only 92 degrees. Two days later and doctors were then able to ascertain that she had a heart defect – and had since she had been born 11 days before.
After being transferred to a hospital in New York City, K.M. went into surgery to have her twisted aorta opened and her blood flow was successfully restored. However, due to the time it took to get K.M. diagnosed, and a lack of oxygen for that period of time, she had suffered irreparable brain damage.
K.M. cannot manage many tasks that require the use of her hands such as brushing her own teeth or turning a doorknob. She is able to walk unassisted but she often falls down. Her lawyer explained that she receives special education services at her school.
A State Supreme Court jury in White Plains heard the case for two weeks before a two-day deliberation resulted in the multi-million dollar award.
The percentage of responsibility is as follows: 50 percent from Lawrence Hospital, 25 percent from K.M.'s pediatrician and the remaining 25 percent from the neonatologist that treated her.
The hospital and its neonatologist settled with the family for an undisclosed amount; the pediatrician will be responsible for 25 percent of the $11.3 million judgment.
Neither the hospital spokeswoman nor the neonatologist commented on the outcome of the case. The pediatrician's lawyer was unavailable for comment.
Neither doctor had been sued for malpractice in the past.
Jordan Merson, the attorney for the family commented, "It's a big relief for the family."
K.M.'s father was a physician's assistant at the time of his daughter's injury and is now a medical student. K.M.'s mother is an elementary school teacher. The family now resides in Monroe, N.Y.
If your child or spouse has been injured while under the care of a physician or hospital you should contact a medical malpractice attorney to discuss your case. A jury or a judge may order an award that will cover both past and future medical expenses.