Father Loses California Malpractice Suit Over Son’s Brain Damage

April 19, 2010

A man who claimed his infant son was left brain-damaged after surgery at Childrens Hospital of Los Angeles has lost a $19-million lawsuit.

A Los Angeles jury ruled in favor of the hospital and two doctors.

Eduardo Rivas of Tujunga claimed he never gave permission for doctors to operate on his 6-month-old son Nathan in 2007 to repair a double hernia.

Rivas claimed a bad reaction to anesthesia left his son, who’s now nearly 3, with a baby’s mental capacity.

The hospital argued that Rivas gave permission by phone. The hospital attributed the boy’s problems to his being born four months premature.

Rivas’s attorney, Nathaniel Friedman, says the boy’s care has cost more than $900,000 but it’s covered by Medi-Cal.

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Latest Comments

  • April 26, 2010 at 10:37 am
    TxLady says:
    Very sad story. The hospital should learn a lesson here. All calls must be recorded and available, and all surgery consent must be verified in writing, even if given ove rhte ... read more
  • April 20, 2010 at 2:52 am
    Mya says:
    I have to think the frustration is rooted in the fact that many Hispanics come here because they know America is liberal with it's benefits......to a fault unfortunately. I w... read more
  • April 20, 2010 at 12:03 pm
    HippieUniform says:
    http://www.latimes.com/news/local/la-me-hospital-consent14-2010apr14,0,6872183.story The plaintiff is a Spanish speaking US citizen. I feel for the little guy. Had a rough sta... read more

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