Anonymous Clients v. Unnamed Physician and Hospital
(Failure to Diagnose an Underlying Cardiac Condition in a Minor)

Case Facts: We represent the family of a deceased minor, who died a tragic and unnecessary death as a result of a failure to diagnose an underlying heart condition, when full opportunity to do so existed.

The deceased child had been examined by the Defendant Pediatrician in early fall of 2006. At that time, the Clients reported that their child had an incident of fainting while playing basketball. The history previously provided by the family further gave notice to the Physician, an employee of the Defendant Hospital, that there was a history a cardiac problems in the family.

The Result: In the spring of 2008, this child became ill while playing during a break at school. He went from the playground area to a room occupied by only one other student. After sitting down and placing his head on the desk, he fell to the floor in respiratory and cardiac distress. Efforts by the school personnel as well the EMT’s, who had been called to the scene, were unsuccessful. He was pronounced dead shortly thereafter at a local hospital after the efforts of its personnel also proved unsuccessful.

Our investigation revealed that the child died from an underlying cardiac condition, which could and should have been diagnosed. Through highly qualified expert review (a pediatric cardiothoracic surgeon from a pre-eminent institution in this country), we have determined that this underlying cardiac condition was totally correctible had timely diagnosis been made when the opportunity presented itself over a year and a half before his tragic death.

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The above “Cases in Suit” represent a sampling of the types of cases being handled by the lawyers and professional staff of Nash & Associates. Each case varies not only in the facts but also in terms of the jurisdictions in which they are litigated as well as many other intangible factors. We will continue to give you further examples of our cases, which we hope may be of interest to you.