Legal news for California medical malpractice attorneys. Children’s Hospital of Los Angeles faces $19M lawsuit for brain damage and unconsented surgery.
California medical malpractice attorneys- A civil lawsuit claims the Children’s Hospital of LA performed surgery without consent that led to brain damage.
Los Angeles, CA—A $19 million civil lawsuit has been filed after a surgery left a 6-month-old boy with brain damage. The father claims he never consented to the surgical procedure that has left his son with lasting damage, as reported by the Los Angeles Times.
Eduardo Rivas, 43, of Tujunga filed the multi-million dollar lawsuit against the Children’s Hospital of Los Angeles and two of his son’s doctors. Rivas is a single Spanish-speaking parent to Nathan, whose mother died from breast cancer shortly after he was born at four months premature. Nathan was reportedly transferred from Glendale Memorial Hospital, when Rivas got a phone call from a Spanish-speaking social worker that informed him that his son needed an operation. Rivas said he refused consent, but the doctors operated on him the next day, November 16, 2007.
Hospital officials assert that Rivas consented verbally, but the California Department of Public Health was unable to recover any documentation supporting the claims that Rivas consented to the procedure. According to the state report notes, Nathan was supposed to undergo surgery in the morning, but was postponed until that afternoon “due to inability to get consent.” At 7:00 a.m. a doctor tried to Get Rivas consent, but he refused and the doctor told him to come to the hospital “for further discussion.” Rivas claimed that he couldn’t reach his son’s doctor by phone while in the hospital lobby when he returned as instructed. At 9:00 a.m., a nurse and the surgeon, Dr. Dean Anselmo, signed a consent form, but Rivas signature was missing from the paperwork. The hospital claims Rivas consented to the surgery in English over the phone that was witnessed by another nurse. Rivas allegedly refused a Spanish interpreter, which violated hospital policy.
Rivas says he refused the surgery because he was concerned about the anesthesia. Nathan now depends on a ventilator and feeding tube, instead of the nasal breathing tube he arrived with. Hospital officials say Nathan’s complications are due to his premature birth, which has caused chronic lung disease, neurological problems and his frail physical appearance.
Legal News Reporter: Nicole Howley-Legal news for California medical malpractice lawyers.