Michael H. Bereston, Inc.

Schedule an Initial Consultation

Phone: 410-793-4554

Toll Free: 866-517-4037

Doctor errors can sometimes lead to more than medical problems

A mother, and lawyer, from Ohio filed a lawsuit against several doctors for taking away her children. She alleges that the doctors misdiagnosed her child with shaken baby syndrome which resulted in the State removing both children from her care and terminating her parental rights. This case illustrates the power that doctors have over their patients, specifically the potential consequences their decisions can have on more than just medical matters.

The plaintiff alleges that two doctors, a medical resident and the supervising physician, mistakenly diagnosed her child with shaken baby syndrome. The plaintiff, concerned about the health of her child, frequently took her daughter to her pediatrician. The pediatrician ordered brain scans which revealed a build-up of fluid in the infant's skull and an emergency surgery was done to ease the pressure. The two doctors from the hospital, then diagnosed the child with shaken baby syndrome.

The doctors subsequently reported her to Child Services which removed the children from her care. It turns out, according to the suit, her two children were born five weeks prematurely. Moreover, during their birth, the attending doctor used a vacuum extractor to suction the child out of the birth canal. The suit claims that this instrument is typically not used by doctors because of the risk of intracranial injury. She further alleges that the injuries her daughter sustained were the result of this instrument, not because she shook her baby.

The plaintiff was engaged in a nine month dispute with Child Services as she fought to regain custody over her children. She produced no less than six expert witnesses who all disagreed with the diagnosis. She was finally able to dismiss the abuse complaint because she agreed that the maternal grandmother would retain custody over the children.

This story illustrates the sheer power of doctors. If you believe that a doctor may have misdiagnosed you or a member of your family, then you may want to speak to an attorney. The consequences, aside from the medical concerns, could be far-reaching.

Source: ABA Journal, "Lawyer uses docs over shaken-baby diagnosis, state for taking away her kids," Debra Cassens Weiss, Jan. 25, 2016

No Comments

Leave a comment
Comment Information

Office Location

Michael H. Bereston, Inc.
138 Main Street, Suite 200
P.O. Box 2990
Annapolis, MD 21401

Maryland: 410-793-4554
Toll Free: 866-517-4037
Baltimore/Annapolis: 410-269-5011
DC: 202-628-2226
Fax: 410-269-5022

Annapolis Medical Malpractice Office

map and Directions