Medical malpractice cases typically involve a health care professional who has either willfully or negligently breached the trust between them and the patient. Indeed, these kinds of cases often arise because a doctor or a nurse made a careless mistake that injured a patient, or even caused a patient to die. In one especially tragic incident, a 7-month-old baby died following a hospital mistake at Children’s Hospital in Cincinnati, Ohio.
The 7-month-old had been admitted to the hospital for heart surgery. However, it was later discovered that instead of placing a saline solution into the baby’s body, alcohol was accidentally put in instead. That in turn caused the baby’s organs to fail. The 7-month-old tragically died on Aug. 21, 2010 due to a mistake that should not have happened.
Children’s Hospital has reportedly reached a settlement with the family, however, no details of that settlement were available, and both sides agreed to make no public comments on the matter. Nonetheless, the settlement may be able to ease the emotional pain and suffering of the family, although it will surely not come close to compensating them for the tragedy they have suffered through.
If the family had decided to go through with a lawsuit, they may have been able to seek monetary damages under a legal theory of wrongful death. A wrongful death refers to a death caused by the negligent or willful conduct of another. For Ohio residents who have also been the victim of a hospital mistake, they may be able to collect compensation to make up for their lost wages and medical expenses by filing a claim in a civil court.
Source: WHIO.com, “Cincinnati Children’s settles with Richmond family,” Dec. 7, 2011