New York Medical Malpractice Attorneys

$26,000,000-Jury verdict in case involving doctor' negligent failure to diagnose renal failure

F&F# 83211A

FAILURE TO DIAGNOSE RENAL FAILURE IN 2 MONTH OLD - SEVERE BRAIN DAMAGE

Jury Verdict: $26,000,000 Liability: Methodist Hospital 65%; Dr. William Owens (Pltf's treating Pediatrician, original Deft. before declaring bankruptcy; he died before trial) 35% negligent. Breakdown: $6,000,000 for future pain and suffering for 35 years $12,000,000 for future custodial care; $8,000,000 for future therapy.

Injuries:    

• Profound mental retardation
• Mild cerebral palsy
• Seizure disorder

Facts: Pltf. was born on 8/30/71. She had dysmorphic facial features and an abnormality on chromosome #20. She was admitted to Deft. Hospital (65% liable) at 10:30 A.M. on 11/6/71 vomiting and suffering from diarrhea. She also had a fever for 3 days. Pltf. was diagnosed with bronchopneumonia and an IV and stat blood gas tests were ordered by a resident. The IV was started at 12:30 P.M. and electrolytes and blood gases were taken at 2:18 P.M. and at 5:00 P.M. respectively. Pltf. claimed when she was admitted to the hospital, the infant was suffering from moderate hypernatremic dehydration and impending shock. Pltf. contended that Deft's failure to note the child's recent urine output and its failure to examine the mucous membranes was a departure from accepted medical practice. Pltf. contended that a BUN reading of 40 at 2:18 P.M. should have alerted Deft's residents to renal failure.

Pltf. contended that the hypernatremic dehydration was not diagnosed until 4:30 P.M., when the child was comatose secondary to hypovolemic shock. Pltf's expert contended that Deft's fluid therapy was too low and that the hypotonic solution should have included human albumin. Pltf. argued that Deft's failure to record the child's intake-output made it impossible to monitor her hydration, and Pltf. lost an additional 3 oz. in weight and body water during the first 24 hours that she was hospitalized. Pltf. also contended that Deft. was negligent for failing to provide a physician to supervise its residents.

Deft. contended that Pltf's private treating pediatrician, Dr. William Owens (35% liable, discontinued before trial), should have admitted her to the hospital sooner. Deft. also argued that Dr. Owens was responsible for the child's care, and produced countersigned resident notes and orders. Dr. Owens had testified at his deposition that Pltf. was a service patient of the hospital.