Recently, the West Virginia Supreme Court affirmed a circuit court’s ruling that favored a medical company accused of killing a six-year-old child. The breakdown was three to two in favor of Kanawha County Circuit Court Judge Paul Zakaib’s decision that favored Pediatrix Medical Group.
The decision concerned an incident back in September 2007, when a mother took her young daughter to Raleigh General Hospital after the latter obtained multiple bug bites on her body, resulting in a headache and fever. The Hospital initially treated the child and released her, only for her to return the following day with abdominal pain, vomiting, and a nose bleed. She was taken to the Charleston Area Medical Center and diagnosed with La Crosse encephalitis, a virus transmitted by mosquitoes that causes brain inflammation. Early in the morning on September 23, the girl complained about pain at the site of her IV, suffered from seizures, and fell unconscious. A physician employed by Pediatrix was on-call and ordered several tests, including a blood gas test and a chest X-ray, as well as anti-seizure medication. The medication did not alleviate the seizures, so the physician sought to intubate the girl. It turned out that because she suffered from respiratory acidosis, she needed to be intubated immediately. The girl ended up dying the next day.
The mother filed a lawsuit, claiming that by delaying the intubation, the physician had acted negligently. A plaintiff’s expert testified on her behalf, stating that the daughter should have been intubated once the blood gas results came back. However, the expert also admitted that he did not know when the results returned, or whether the physician knew of the results when he arrived to intubate the patient. The expert had no criticism of the physician’s actions once he intubated her.