» Scalded Toddler Dies from Stomach Piercing at Hospital

Scalded Toddler Dies from Stomach Piercing at Hospital

Cleveland, OH (Law Firm Newswire) August 11, 2011 - This case was as shocking as it was distressing for all those involved. A two-year-old toddler died of severe burns from her bath water, only to have her stomach pierced at the hospital.

The Mellino Law Firm has Cleveland Medical Malpractice and Personal Injury Attorneys

The Mellino Law Firm has Cleveland Medical Malpractice and Personal Injury Attorneys

“There are some cases that just sear your heart and you have a hard time reading about them. This case is one of those that really leave an impression behind, and a sense of sadness for the family. The father in this case filed a wrongful death lawsuit against the maker of a water heater and a doctor that treated his 2-year-old daughter,” said Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer and wrongful death lawyer of the Mellino Law Firm LLC, in Ohio.

The little girl was severed scalded in overheated water in the tub at her home. The investigators measured the heat of the water to be 138 degrees, and also found that the water heater’s thermostat was not functioning properly. The lawsuit stated the thermostat was defective, as the water should have been heated to between 90 and 100 degrees, particularly when bathing babies. The wrongful death lawsuit named the maker of the water heater as one of the defendants, and stated they failed to use reasonable care in making the heater.

When the little girl was burned, she was taken to the nearest medical center, when a doctor intubated her with a tube that was made for an adult. The tube pierced the toddler’s stomach. She died of her injuries. Thus, the doctor was also named in the lawsuit. The lawsuit contains 16 counts and seeks $800,000 in damages. No one is talking to the media or commenting on the lawsuit.

“Medical malpractice? It would certainly seem so if indeed the doctor did intubate the 2-year-old girl with a tube designed for an adult. It would be awfully hard to find a really good reason why that was done, as it is quite obvious that a toddler’s anatomy is completely different than an adult. Wrongful death? Yes, as a result of two things, the severe burns and the medical negligence,” Mellino said.

Will the case be successful? “That is a good question and much of the success of the case will rest on proving the maker of the water heater manufactured a defective unit or a unit with a defective thermostat. The secondary, but no less important issue, is how the child was treated when she got to hospital. I suspect there won’t be too much difficulty in finding an expert medical witness to testify you don’t intubate a small child with an adult tube,” Mellino said.

Cases like this make one stop to think about states that have medical malpractice caps in place. “Are those caps fair given cases like this one, where medical negligence caused the death of a child? It’s something to think about if you are ever in a situation where you have been severely injured, as a result of medical malpractice. Frankly, when a medical malpractice/wrongful death case goes to court, it is going there because it needs to be heard. It is not frivolous and someone’s life usually hangs in the balance,” Mellino said.

To learn more or to contact a Cleveland Medical Malpractice attorney or Cleveland malpractice attorney, visit http://www.christophermellino.com.

Mellino Law Firm LLC
200 Public Sq. Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901

[mappress mapid="43"]

  • What You Need to Know About Anesthesia Errors
    Anesthesia is commonly given to a patient who is about to undergo an inpatient or outpatient surgical procedure. Unfortunately, mistakes can be made that can cause the patient harm or injury. If you suffered injury due to a negligent anesthesiologist or doctor, or due to a mistake or error they made, you may be able […]
  • Was My Child’s Cerebral Palsy Preventable?
    No one wants to believe that their child could be born with a life-altering condition such as cerebral palsy. Unfortunately, more than 8,000 infants and babies are diagnosed each year, with nearly 1,500 additional school-aged children also being diagnosed. The conclusion can be terrifying, with parents feeling powerless as they learn about the unique challenges their […]
  • How Do You Know if You Have a Wrongful Death Claim?
    How do you know if you can file a wrongful death case? How do you know if the reason your loved one died was negligence? There are several steps you will need to take but calling an attorney should be the first item on your list. Wrongful death cases can be difficult to prove, so […]

See other news sources publishing this article. BETA | Tags: , ,

Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required