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PA Child Awarded $1.1M.
#1
PA Child Awarded $1.1M After Sleep Apnea Surgery


Sleep apnea can be dangerous, especially in small children, and surgery is sometimes an effective way to fix the problem. But for Pennsylvania's 6-year-old Keonte Graham the surgery didn't really fix his problems.

Graham was just 11 months old when he was diagnosed with sleep apnea. Dr. Andrew Shapiro recommended surgery to correct the problem and Graham's parents agreed.

The road to recovery was a parent's worst nightmare.


Graham had breathing problems following surgery and stayed in the recovery room for five hours after the procedure finished according to PennLive.com.

But then he was placed in a regular room rather than in intensive care. Shapiro didn't tell the staff to continue to monitor Graham's blood oxygen levels.

During the night, Graham was found not breathing and unresponsive. MRI's from after the event show a visible brain injury. A jury found that Shapiro was guilty of medical malpractice and awarded Graham $1.1 Million at trial.

To prove medical malpractice, there has to be evidence that a doctor acted negligently or recklessly in caring for a patient.

Typically in negligence cases the plaintiff must prove that the defendant had a duty to the injured person. But doctors have an automatic duty to meet the standard of care in their profession so that element is implicit in medical malpractice suits.

Breach of duty is generally judged by how a reasonable person would have acted in the situation. In medical malpractice, proving substandard care relies on the standard of care for a doctor in the same practice.

If the doctor did not meet the standard of care and that failure caused harm, there is medical malpractice.

To find Shapiro guilty of medical malpractice the jury must have been satisfied that a doctor in Shapiro's practice should have called for continued supervision.

To win a medical malpractice suit, a personal injury attorney will prove that the doctor's action or inaction caused the injury.

Graham's attorney, Terry Hyman, established for the jury that without Shapiro's negligence, Graham would not have suffered the brain injury. In legal circles, that's called the proximate cause or "but for" causation.

The last piece of a medical malpractice suit, like any negligence suit, is proving damages. Graham now suffers from developmental delays as a result of the brain injury, according to PennLive.com. That was likely the jury's evidence of damages.

Fair use applies:
http://blogs.findlaw.com/injured/2012/06...rgery.html
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#2
And the surgery didn't work? There must have been some sort of malformation. Poor kid. Poor parents. That money won't last long if he needs any equipment or home care.
PaulaO2
Apnea Board Moderator
www.ApneaBoard.com


Breathe deeply and count to zen.

INFORMATION ON APNEA BOARD FORUMS OR ON APNEABOARD.COM SHOULD NOT BE CONSIDERED AS MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF A PHYSICIAN BEFORE SEEKING TREATMENT FOR MEDICAL CONDITIONS, INCLUDING SLEEP APNEA. INFORMATION POSTED ON THE APNEA BOARD WEB SITE AND FORUMS ARE PERSONAL OPINION ONLY AND NOT NECESSARILY A STATEMENT OF FACT.




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#3
I gotta say that my knee jerk reaction was "Surgery at 11 months old?" I'm not sure, as a parent, that I would have gone down that road. Don't get me wrong, I'm not blaming the parents! But I think I would have gone somewhere else and received another opinion at the very least!
As always, YMMV! You do not have to agree or disagree, I am not a professional so my mental meanderings are simply recollections of things from my own life.

PRS1 - Auto - A-Flex x2 - 12.50 - 20 - Humid x2 - Swift FX
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#4
Regretably, there are likely several factors in play here and the doctor alone is likely not entirely at fault. We don't know all the facts but I can tell you that up here in Ontario I went from Critical Care (14/7 nurse at bedside on life support) to a long term care room with some oxygen fed in. No step down. No medical care wing room. No nothing. I am blessed to be here to tell the tale.
I hold the doctors AND the hospital responsible.
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Educate, Advocate, Contemplate.
Herein lies personal opinion, no professional advice, which ALL are well advised to seek.



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