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Philadelphia Personal Injury Attorney Blog | Pomerantz Perlberger & Lewis LLP
Philadelphia Personal Injury and Medical Malpractice Attorneys serving the Philadelphia and Pennsylvania areas. Pomerantz, Perlberger and Lewis have extensive experience with serious injuries as a result of someone else's negligence.
Tuesday, August 21, 2007
Hospital Can Be Liable for Not Reporting Child Abuse
The Minnesota Supreme Court has decided to give a Minnesota family a new trial in their medical malpractice suit against the Mayo Foundation. Michael and Nancy Becker adopted Nykkole Rossini after she suffered a permanent brain injury at the hands of her biological father who was later sent to prison for his crime.
The lawsuit, filed in 2001, notes that Nykkole was born in July 1997. When she was just three and a half weeks old, she was brought to Saint Mary's Hospital with a fracture. There were previous emergency room visits to Mayo before the one to St. Mary's in September 1997, when she was brought to the hospital with skull fractures and a subdural hematoma. Doctors diagnosed Nykkole with shaken baby syndrome. She suffered permanent brain damage. At that time, she was hospitalized, and the state of Minnesota took custody of her. She was eventually placed in the care of the Beckers as foster parents; who later adopted her.
Because of her injuries, Nykkole will never function beyond the level of an infant and will need 24-hour care for the rest of her life. In January 2004, a jury found that Mayo had been negligent in their care of the little girl but found the negligence did not directly cause the injuries she later suffered at the hands of her biological father. The couple claimed that they did not get a fair trial because the trial court erroneously excluded evidence of Mayo's failure to report the suspected abuse to outside authorities.
The lawsuit further alleged that the doctors at Mayo had deviated from the accepted standard of professional skill and care by not reporting suspected child abuse to outside authorities. The Minnesota Supreme Court ruled on August 16, 2007 that the district court erred when it excluded all evidence related to a hospital's responsibility to report suspected child abuse. The court ruled that the excluded evidence might have changed the result of the trial.
One of the Becker's attorneys, said that the new trial is an opportunity to have the responsible party pay for the girl's care and spare taxpayers from having to cover those costs.
If you or a loved one has suffered due to personal injury resulting from medical malpractice in Philadelphia or anywhere in Pennsylvania, please contact the Medical Malpractice Law Offices of Pomerantz, Perlberger & Lewis today to schedule your initial consultation.
The lawsuit, filed in 2001, notes that Nykkole was born in July 1997. When she was just three and a half weeks old, she was brought to Saint Mary's Hospital with a fracture. There were previous emergency room visits to Mayo before the one to St. Mary's in September 1997, when she was brought to the hospital with skull fractures and a subdural hematoma. Doctors diagnosed Nykkole with shaken baby syndrome. She suffered permanent brain damage. At that time, she was hospitalized, and the state of Minnesota took custody of her. She was eventually placed in the care of the Beckers as foster parents; who later adopted her.
Because of her injuries, Nykkole will never function beyond the level of an infant and will need 24-hour care for the rest of her life. In January 2004, a jury found that Mayo had been negligent in their care of the little girl but found the negligence did not directly cause the injuries she later suffered at the hands of her biological father. The couple claimed that they did not get a fair trial because the trial court erroneously excluded evidence of Mayo's failure to report the suspected abuse to outside authorities.
The lawsuit further alleged that the doctors at Mayo had deviated from the accepted standard of professional skill and care by not reporting suspected child abuse to outside authorities. The Minnesota Supreme Court ruled on August 16, 2007 that the district court erred when it excluded all evidence related to a hospital's responsibility to report suspected child abuse. The court ruled that the excluded evidence might have changed the result of the trial.
One of the Becker's attorneys, said that the new trial is an opportunity to have the responsible party pay for the girl's care and spare taxpayers from having to cover those costs.
If you or a loved one has suffered due to personal injury resulting from medical malpractice in Philadelphia or anywhere in Pennsylvania, please contact the Medical Malpractice Law Offices of Pomerantz, Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 10:09:00 AM
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