Pediatrician’s Negligence Leads to Wrongful Death Recovery

Marasco & Nesselbush recovers $875,000 for the family of a young child who tragically lost her life due to a pediatrician’s failure to properly diagnose and treat her bacterial infection. When the young girl, who had asthma, started experiencing shortness of breath, her mother brought her to a local hospital where she was examined then discharged with asthma medication. Three days later, the child was brought to her pediatrician for a follow up where she was prescribed an asthma pump. Unfortunately, the child was suffering from an undiagnosed bacterial infection. She returned to her pediatrician two days later when the asthma treatment inevitably failed. Once again, the pediatrician failed to assess the child’s symptoms which now included vomiting, diarrhea, and a lethargic feeling in addition to the difficulty breathing. The family was again sent home without a definitive diagnosis or effective treatment plan. Later that day, the conditioned worsened. Her mother brought her to the hospital, where the child died upon arrival. 

The defense argued that the child’s death was tragic but unavoidable. They claimed that the infection was not detectable and potentially untreatable. They claimed that the pediatrician complied with the applicable standard of care based on the information available. In sum, the doctor was not negligent, and the death was inevitable.

Although the case presented many complex medical issues, through a team of well qualified experts, Marasco & Nesselbush prevailed. The litigation team and medical experts were able to establish that the pediatrician had in fact failed to properly assess the child’s symptoms and did not thoroughly explore all potential diagnoses. Most notably, the doctor failed to obtain appropriate imaging which would likely have revealed the infection. The doctor’s lack of due diligence lead to the failure to diagnose and unfortunately the child’s demise. 

While no amount of money could compensate for the loss of their daughter, Marasco & Nesselbush was honored to have helped this family through this tragic experience, and to provide justice by holding the negligent doctor accountable. 

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