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A beautiful young couple had twin baby boys.  Mom gave up her career to stay home with the boys.  Dad was in the Air Force.  When the twins were about two years old, one of the boys developed a health concern that required a minor surgery.  Prior to the date of the surgery, Mom’s father called Mom to let her know he just found out their family had a hereditary concern called Prolonged QT Syndrome (a condition that caused irregular heartbeats).  Grandfather let Mom know that certain drugs commonly used as anesthetic medicines could be fatal if her son had Prolonged QT.

Mom called off the surgery in order to have son tested for Prolonged QT.  She took her son to a facility where his heart was monitored by a technician.  The technician was to send the cardiac rhythm strip to a medical doctor to read the strip and determine whether the child had Prolonged QT.  The physician reported the child to NOT have Prolonged QT.

With the physician’s assurance, Mom and Dad authorized the surgery as planned.  The child died during the routine surgery.

Our firm obtained the cardio rhythm strip and hired an expert physician to read it.  Our expert proved the child had Prolonged QT Syndrome and that the initial reading by the physician was inaccurate.  Had the initial physician accurately read the strip, he would have caught the irregular heart rhythm, the right medication would have been given and their son would have lived.

We filed a lawsuit against the physician.  After many months of litigation (including depositions of physicians and family members), the doctor, his insurance company and his attorney decided not to go to trial, but to participate in an alternative form of dispute resolution.  The case resolved at that alternative dispute resolution proceeding.  As with almost every medical malpractice case resolved outside of court, the parties agreed to a Confidentiality Clause as part of the resolution; therefore, the terms, condition and amounts will not be discussed here.


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