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.