{"id":329,"date":"2010-04-13T16:19:50","date_gmt":"2010-04-13T22:19:50","guid":{"rendered":"http:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/?p=329"},"modified":"2010-04-13T16:19:50","modified_gmt":"2010-04-13T22:19:50","slug":"los-angeles-hospital-on-trial-for-lawsuit-over-consent-for-infant%e2%80%99s-operation","status":"publish","type":"post","link":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/2010\/04\/los-angeles-hospital-on-trial-for-lawsuit-over-consent-for-infant%e2%80%99s-operation.html","title":{"rendered":"Los Angeles Hospital On Trial For Lawsuit Over Consent For Infant\u2019s Operation"},"content":{"rendered":"\r\n<p>A Tujunga\u00a0man is suing Children\u2019s Hospital in Los Angeles, alleging that his 6-month-old son was brain-damaged after undergoing double hernia surgery that the father\u00a0never consented to. <a href=\"http:\/\/www.latimes.com\/news\/local\/la-me-hospital-consent13-2010apr13,0,6085749.story\">http:\/\/www.latimes.com\/news\/local\/la-me-hospital-consent13-2010apr13,0,6085749.story<\/a><\/p>\r\n<p>\u00a0The suit, which seeks $19 million, was brought by Eduardo Rivas, 43,\u00a0against the hospital and two physicians. The case is being tried now in Los Angeles County Superior Court, where Rivas testified last week that he never signed a consent form the surgery performed on his infant son, according to The Los Angeles Times.<\/p>\r\n<p>\u00a0Rivas\u2019s son Nathan was born four months premature. The infant had been transferred to Children\u2019s Hospital from Glendale Memorial Hospital, and Rivas got a call from a doctor and a Spanish-speaking social worker that Nathan had to have surgery.<\/p>\r\n<p>\u00a0Through an interpreter Rivas, a roofing inspector, told the jury that the social worker had assured him the surgery was minor and that the only risk was a minor infection.<\/p>\r\n<p>\u00a0Rivas, whose wife died shortly after Nathan\u2019s birth, testified that he did not give his consent. But the next day, Nov. 16, 2007, the surgery was performed on Nathan.<\/p>\r\n<p>\u00a0Children\u2019s Hospital maintains that Rivas gave verbal approval for the surgery. But the hospital was unable to later find any records that proved that Rivas had given his approval, according to The Times. The consent form for the surgery had the name of Nathan\u2019s doctor and a nurse, but not that of Rivas.<\/p>\r\n<p>\u00a0Following his operation Nathan, who had a breathing tube when he came to Children\u2019s Memorial, became\u00a0 dependent\u00a0on a ventilator and feeding tube.<\/p>\r\n<p>\u00a0Rivas charges that his son\u2019s condition was the result of his son\u2019s reaction to anesthesia. The hospital blames Nathan\u2019s medical woes on the fact that he was born premature, and had neurological problems.<\/p>\r\n<p>\u00a0If Rivas wins his lawsuit Medi-Cal, the state insurer, will have to be reimbursed for the $913,000 it has already paid for Nathan\u2019s care.\u00a0\u00a0\u00a0\u00a0<\/p>\r\n<p>\u00a0<\/p>\r\n<p>\u00a0<\/p>\r\n","protected":false},"excerpt":{"rendered":"<p>A Tujunga\u00a0man is suing Children\u2019s Hospital in Los Angeles, alleging that his 6-month-old son was brain-damaged after undergoing double hernia surgery that the father\u00a0never consented to. http:\/\/www.latimes.com\/news\/local\/la-me-hospital-consent13-2010apr13,0,6085749.story \u00a0The suit, which seeks $19 million, was brought by Eduardo Rivas, 43,\u00a0against the hospital and two physicians. The case is being tried now in Los Angeles County Superior [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[389,402,404,403,405,5],"class_list":["post-329","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-brain-damage","tag-childrens-hospital","tag-civil-suit","tag-consent","tag-eduardo-rivas","tag-medical-malpractice-attorney"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/posts\/329","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/comments?post=329"}],"version-history":[{"count":10,"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/posts\/329\/revisions"}],"predecessor-version":[{"id":339,"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/posts\/329\/revisions\/339"}],"wp:attachment":[{"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/media?parent=329"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/categories?post=329"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cerebral-palsy-medicalmalpractice.com\/blog\/wp-json\/wp\/v2\/tags?post=329"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}