When the parents of a 15-year-old boy who died of misdiagnosed blood clotting attempted to sue the hospital responsible, a lower court ruled against them. Now, the family is taking their medical malpractice suit to the highest authority — their state’s Supreme Court. New Jersey residents with children may have an understanding of the desire for justice this family is seeking in the death of their child.
Court documents report the boy underwent surgery on his knee in December of last year as a result of an injury sustained playing football. He later returned to the emergency room complaining of chest pains, where he was treated by an attendant physician. The doctor ordered a standard battery of tests and determined the boy was suffering from pleurisy, for which he was prescribed pain medication and discharged.
Two weeks later, the boy was rushed to hospital by ambulance with more chest pain and an inability to breathe. He was later pronounced dead. The parents of the victim have attested that the boy’s true condition, a pulmonary embolism, should have been apparent from the symptoms and caught in time had the doctor ordered additional tests. This case was dismissed from lower courts without a jury trial. The Supreme Court will rule on whether the case befits a jury trial moving forward.
The death of a child is a tragedy in any situation, and certainly so in this case. Should the Supreme Court rule in favor of the family seeking a jury trial, the attending physician and possibly representatives from the hospital will be called to the stand to defend their position in the face of this medical malpractice suit. Here in New Jersey, anyone who feels they may have been misdiagnosed should seek medical opinions immediately, and should malpractice be uncovered, a fuller understanding of state’s patient rights may be beneficial.
Source: albanyherald.com, “Georgia Supreme Court to hear malpractice case,” Jim West, June 26, 2013
