Recently, news sources reported that Children's Hospital of Los Angeles is facing a medical malpractice lawsuit in the amount of $19 million. The lawsuit was filed by the parent of a 6 month old boy that claims doctors performed surgery on his son without his consent and that the surgery led to his child suffering brain damage.
The father, 43 year old Eduardo Rivas, claims that he never gave his consent for surgery to be performed on his son. Now, his son Nathan has permanent brain damage. The lawsuit was filed against Children's Hospital as well as two of Nathan's doctors.
Rivas is a single parent who speaks Spanish. He said that Nathan's mother died from breast cancer a short time after their son was born four months premature. Nathan had been transferred from Glendale Memorial Hospital when his father was contacted by a Spanish speaking social worker. She told him that his 6 month old son need surgery, but Rivas did not give his permission. Even though he did not consent to the surgery, Nathan's doctors proceeded with the operation the day after the phone call was made. The surgery took place on November 16, 2007.
At this time, the California Department of Public Health has not been able to provide any supporting evidence that Rivas consented to the surgery. The only person that signed a consent form was Dr. Dean Anselmo. Rivas said that he did not want to have his son undergo surgery because he was concerned about the anesthesia.
The hospital contests that Rivas agreed to the surgery over the phone in English while another nurse witnessed the call. They claim that instead of using a Spanish interpreter, Rivas refused and violated hospital policy.
If you or someone you care for has been a victim of medical malpractice, click here to find a medical malpractice attorney near you!
