Legal Question in Personal Injury in California

My daughter was born with Holoprosencephaly, and Hydrocephalus. She was very much alive and well. I tried to get her care on some seizure like activity so I voluntarily admitted her to the hospital. Her sodium was high, and they failed to diagnose and treat it right away. It took the hopsital 4 days to treat her for it. By day 7, we were awaiting discharge papers and she stopped breathing. A rapid response team doctor intubated her at 1:26 pm. At 2:11pm, the doctor noted the tube to be in a good position , that was confirmed by X-ray. At that time a X-ray wasn't done. At 2:35pm when the actual X-ray was taken, it revealed that the endotracheal tube was in her right bronchus,and the left side was opacificated.He then wrote a correction to his note, stating it was only 1 cm so he withdrawed the tube by 1 cm( 9cm).

He did not correct the position or do another x-ray confirming the correct position. There's a note submitted by a Respiratory Therapist, documenting it at 12 cm.Thatt was, AFTER he claimed he moved it to a 9 cm.By the next day another doctor ordered a x-ray that showed it was still in her right bronchus, and now she had a right main stem intubation and a left lung collapse, due to the endotracheal tube NOT being corrected. Instead, the hospital portrayed to me that they were doing all they could for my daughter, so I thought she was recuperating. I didn't find out the details until after her death. She died due to a misplaced tube, and being deprived of oxygen for a long time.The doctor blamed what she was born with as the reason she died.

I immediately asked for a autopsy, and he initially refused me of one. I had an autopsy done that showed black mottling on her lungs, and respiratory distress. Although she had Holoprosencephaly she never had respiratory concerns. My issue here, is the negligent care pertaining to a moment of life and death, when placing a endotracheal tube.

Failure to properly place a breathing tube, failure to confirm the placement of the tub, misrepresentation that the tube was correctly placed by X-ray, when a X-ray wasn't done yet.

Failure to correct the placement of the tube, making sure my daughter received adequate oxygen to both of her lungs and her brain.

The fatal mistake of a misplaced endotracheal tube- which causes death

Intentional concealment, fraud and misrepresentation to the family about my daughter status, knowing they had omitted their mistake- and blamed my daughter's pre-existing condition.

I'm already in the litigation process, and I really need help. I have 4 Defendants. 1) The hospital has demurred my complaint. I was granted leave to amend, and now they are threatening to demurrer it again. 2) &3) Defendants (doctors) have retained the same lawyer, and they responded with ( an answer, request for deposition, production of documents and proof. They just received the amended complaint AFTER they sent me these documents. 4) defendant hasn't responded.

On the amended complaint, I've added 2 new Defendants and they have not been served yet. Can your firm help me.

I have autopsy results,

X-ray films

Medical records


Asked on 9/19/22, 12:21 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

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Answered on 9/20/22, 9:48 am


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