Our client, who was a young boy, was taken by his mother to see a medical specialist in otolaryngology for possible tonsilitis. The physician scheduled our client for a tonsillectomy to be performed in a surgery center located in the same building as his medical office. This surgery center was associated with a general acute care hospital located across the street.
During the tonsillectomy, the physician severed an artery in our client’s neck causing massive and uncontrollable bleeding. The physician attempted to transfer our client to the hospital located across the street. However, the hospital refused to accept our client because it was not licensed to accept children as patients. After an extraordinary delay, the hospital relented and admitted our client. By the time the hospital decided to permit admission to deal with the massive blood loss, our client had sustained significant brain damage.
The parents were never informed that the surgery center did not have a transfer agreement with a hospital that could accept children in the event of a surgical emergency. The physician who performed the tonsillectomy inflicted an arterial injury to our client that is virtually unrecognized by the medical literature.
Michels & Lew recovered $6,000,000.00 for our client.
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