MEDICAL MALPRACTICE
Parents sue Minnesota clinic for $20 million, alleging negligence for not reporting possible infant abuse injury
August 5, 2008 – A medical malpractice trial is underway in Olmstead County, Minn., in which the parents of an 11-year-old girl allege that doctors at a local clinic were negligent in their care of the child in 1997 when, as an infant, she was brought into the emergency room with a fractured arm and signs of physical abuse.
The malpractice lawsuit charged, given her condition, doctors had the responsibility to report possible child abuse to authorities. Court papers allege she was sent home with her parents and returned twice before finally being brought back with multiple skull fractures and other injuries on September 15 that left the infant permanently injured.
Her biological father was convicted of assaulting the infant and is now serving time in prison, the Rochester Minnesota Post-Bulletin reported yesterday.
The girl’s foster parents maintain that even if doctors believed the abusive parents’ false excuse for the fractured arm, they had a professional responsibility to report possible child abuse and to, “err on the side of safety.” The permanent injuries (which have left the 11-year-old functioning at the level of a 4-month-old baby) could have been prevented, the lawsuit charges.
The trial is expected to last two weeks. Her parents seek $20 million in damages to help pay for life-long medical therapies for their daughter.
Weitz & Luxenberg, P.C. – We’re here for you . . .No matter what the injury, a medical malpractice lawyer can be an injured child’s best protector.
Family members who suspect medical malpractice are urged to contact the law firm of Weitz & Luxenberg, P.C. – the largest personal injury law firm in New York.
To obtain a free consultation on the legal merits of your malpractice complaint, please fill out the form on this page and send it to the Weitz & Luxenberg team of medical malpractice lawyers.
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