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Failure To Properly Treat Hypoxic-Ischemic Injury to Brain

Lawsuit Against Bayhealth Milford Memorial Hospital | May 5th, 2018 - Newcastle County, Delaware

On May 23, 2018, WVFO attorneys Keith Forman, Mary McNamara Koch, and Sarah Smith filed a medical malpractice claim on behalf of a minor who was not properly treated when he presented as critically ill and in need of aggressive treatment for renal dysfunction, hypokalcemia, hyponatermia, and volume depletion.

According to the complaint, the child presented to the emergency department of Bayhealth Milford Memorial Hospital in July 2016 with persistent vomiting and diarrhea. Initial vital signs showed that the child had a fever and an elevated heart rate. The child’s lab results contained several abnormal findings and the defendants continually documented that the child was lethargic and had dry lips and an elevated heart rate. Despite receiving approval from the child’s mother to transfer the child to another facility for a higher level of care, the transfer was not effectuated until several hours later. While waiting to be transferred, the child began to crash and desaturate. The child was also noted to have apnea and tachypnea, or abnormal breathing. Eventually, it was determined that the child had suffered metabolic acidosis and MRI findings were determined to be most consistent with a hypoxic-ischemic brain injury. The child was eventually diagnosed with hypoxic-ischemic encephalopathy.
The lawsuit alleges that the defendants failed to properly and timely respond to the child’s condition and failed to timely and properly treat the child’s deteriorating clinical status. As a result, the child is developmentally delayed. He has significant spasticity and tone issues. He is non-verbal and non-ambulatory. The child’s family anticipates a diagnosis of cerebral palsy and resultant life-long disabilities for the child. Had the defendants properly and timely treated the child’s condition and deteriorating clinical status, the child would have more likely than not fully recovered with no permanent damage.

The action is pending in the Superior Court for Delaware in and for New Castle County.

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