$2 Million Dollar Settlement (Confidential) - MEDICAL MALPRACTICE - WRONGFUL DEATH - Failure to Diagnose Infection/Sepsis.

This medical malpractice case involved negligent care rendered by several defendants a 3-month-old infant who eventually died to such negligence. Plaintiff was an infant who developed a ravaging infection following a rectal biopsy. The infection went undiagnosed and untreated during a 12-hour period, causing the baby to become septic and eventually to die approximately 2 weeks later.

When the outpatient rectal biopsy was performed, it resulted in significant rectal bleeding, however, despite the fact that the child continued to bleed and cry, and could not be calmed down, the defendant physician who performed the procedure discharged her. Plaintiff argued that this was negligent in light of the risks of perforation of the intestine and infection, which accompanied an invasive procedure such as this. Because the child continued to be fussy and irritable while after returning home, her mother contacted the office where the biopsy was performed within a few hours of discharge. Her mother was instructed to bring her daughter to the emergency room, which she did immediately. The child was admitted to the hospital with a fever, a tender abdomen, bloody rectal discharge and she was inconsolable. In addition, her physicians were aware of her history of a recent rectal biopsy.

Despite the infant's signs and symptoms of a potential post-biopsy infection, none of her physicians saw to it the she received antibiotic therapy on a timely basis. The delay in treatment of the baby's biopsy-caused infection allowed it to progress into a septic shock and multi-system organ failure. Thereafter the infant remained on life support for more than two weeks until her family agreed to discontinue life support.

This informational piece was prepared by Monheit, Silverman & Fodera. If you would like more information on this topic, call us at (800) 220-LAW1, or use the "Do I Have A Case?" button on this web site.

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