Hospital Being Sued for Medical Malpractice
Article Source: NY Injury Lawyers
Stamford Hospital failed to conduct a routine genetic test on a newborn baby of a Darien couple. The parents of the baby boy are suing the hospital for their negligence in treating their son, which has left him with permanent neurological damage. The medical malpractice lawsuit was filed on Tuesday, August 11, 2009 in Connecticut’s Superior Court,
Patrick and Katharina O’Connor parents of the newborn baby boy, filed the lawsuit on behalf of their son Peter, who was born on August 29, 2007. Peter was born with congenital hypothyroidism, which was not detected at birth. According to Wikipedia http://www.wikipedia.org/ congenital hypothyroidism is a thyroid hormone deficiency, which is detected at birth. If congenital hypothyroidism is left untreated for several months after birth, it can result to growth failure and permanent mental retardation.
The state Department of Health started testing all newborn babies for the genetic condition in 1976.
Actions for personal injury, including those based on medical malpractice, must be brought within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, except that no such action may be brought more than three years from the date of the act or omission complained of. Conn. Gen. Stat. Ann. § 52-584 (Westlaw 2007). There is no exception in favor minors, Burns v. Hartford Hospital, 472 A.2d 1257 (Conn. 1984), or the mentally disabled. Lopez v. United Nurseries, Inc., 490 A.2d 1027 (Conn. App. 1985). Wrongful death actions must be brought within two years from the date of death, except that no such action may be brought more than five years from the date of the act or omission complained of. Conn. Gen. Stat. Ann. § 52-555 (Westlaw 2007).
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