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Family of brain dead teen sues for hospital negligence

Hospital negligence and other mistakes can cause injuries to patients. In some cases, the injuries are so severe that they're permanent or the patient dies. Illinois blog readers may be interested in learning about a hospital that is being sued by a woman whose teen was pronounced brain dead. She claims that hospital negligence is the reason why her daughter is in this condition.

The teen underwent surgery back 2013 for sleep apnea and was declared brain dead just three days later. A year after the surgery, the family filed a suit against the hospital. According to the lawsuit, the physician suggested that the teen go through with the risky surgery for sleep apnea. In a statement, it was alleged that there are safer treatments that are typically attempted first when dealing with pediatric patients.

The family alleges that the medical staff was in violation of the competent performance standards that are listed in the Nurse Practice Act. In addition, the hospital staff allegedly tried to convince the family to remove the teen from life support to donate her organs. When questioned on what happened to the teen, the hospital apparently evaded a specific response. The family is seeking an unspecified amount in damages.

Being declared brain dead often means that there is no hope of recovery, and even if the patient survives, it is likely that he or she will need 24-hour care. Families of teens who were injured due to hospital negligence retain the right to pursue medical malpractice claims against the treatment facility. The civil court system in Illinois typically adjudicates these types of claims based upon evidence that the medical staff acted negligently deviated from an acceptable standard of medical care in a manner that caused the injuries. When faced with these cases, it is often beneficial for families to speak with an experienced medical malpractice attorney in Illinois who will help navigate the case through the civil justice system.

Source: NBC Bay Area, "Family of Brain Dead Jahi McMath Alleges Medical Negligence Against Children's Hospital", Lisa Fernandez, March 3, 2015

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