Injunction sought by parents of 3-year-old against physicians

Friday October 2, 2015

In October 2014, the parents of a now-3-year-old boy filed a medical malpractice lawsuit over the care the mother received when she was in labor and when she delivered the boy. The lawsuit states that the care given resulted in the child suffering from permanent brain damage because of a lack of oxygen.

On Sept. 21 of this year, the parents received a letter stating that over 600 physicians in the OU Physicians group had to withdraw from caring for the child and his family. This includes physicians who are subspecialists in caring for the brain-damaged boy.

After receiving the letter, the parents’ attorney has filed for a temporary restraining order and an injunction in order for new health care providers to be found. The parents and their attorney believe the physicians’ group is taking “punitive and retaliatory action” because of the malpractice lawsuit.

The parents’ attorney wants to know why the physicians would keep care from the child. The attorney for the physicians’ group said that terminating care “is simply a standard practice that the hospital uses to preserve its ethical duties to its patients.” In addition, he said, “the hospital must guard against … not only actual ethical conflicts, but the appearance of ethical conflicts.”

When a child is injured at birth, it can be the result of a failure to provide the standard of care that other physicians would have provided in the same situation. When a doctor’s negligence results in such injuries, the parents can file a civil lawsuit against the physician, medical staff, the hospital and others who are liable. A Connecticut attorney who specializes in these types of cases can provide additional information for parents on who can be named as a defendant in the lawsuit.

Source: ctpost.com, “Family of brain-damaged Oklahoma boy seeks injunction,” Tim Talley, Associated Press, Sep. 29, 2015

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