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Parents Sue Hospital After Daughter Suffers Brain Injury During Routine Procedure

June 09, 2013

When we go to the hospital or a doctor for routine medical examinations or mild symptoms, we anticipate that we will not be left in a worse condition than when we sought medical attention.  However, the parents of a teenage girl in New York have filed a lawsuit against a hospital after the girl suffered a significant brain injury while undergoing a diagnostic procedure for stomach discomfort.  According to the widely reported story, the brain injury lawsuit alleges that the physician disrupted the flow of oxygen to the teenager’s brain when performing an endoscopy, which involved inserting a camera into the throat.

The medical malpractice claim filed against the hospital and two doctors indicates that about twenty minutes into the procedure the teenager’s blood pressure and heart rate became erratic causing the girl to suffer a brain injury because of oxygen deprivation.  The teenager who was an active popular teenager has been deprived of the ability to walk, see or communicate.  The family also has suffered catastrophic medical bills and will need to cover permanent supportive care for their daughter.  Our Georgia medical malpractice lawyers at Montlick and Associates send out our deepest sympathies to the teenage victim and her family.

When people seek medical care for these types of minor ailments, we do not generally expect that they will suffer negligent medical care or that they will leave the hospital in worse condition.  However, serious cases of medical malpractice in hospitals are a far more common occurrence than many people recognize.  It is estimated by those in the medical community that approximately 238,000 people die in hospitals annually because of some form of preventable error.  These numbers may well understate the magnitude of the risk since many families attribute the injury or death of a loved one in a hospital to the underlying medical condition rather than medical malpractice.

Medical malpractice cases are extremely complex because they involve a specialized area of knowledge, experienced medical experts and extensive financial resources to pursue the claims.  Medical malpractice carriers have become more inclined to take cases to trial, especially in the increasing number of states that have medical malpractice caps on non-economic damages.  Because the insurance carriers know that these caps limit their exposure at trial, medical malpractice carriers have less motivation to agree to a reasonable settlement even when their client is clearly negligent.

There are many types of medical malpractice leading to injury or illness in hospitals, such as:

  • Anesthesia errors
  • Surgical mistakes
  • Improper infection measures
  • Medication errors
  • Delayed or mistaken diagnosis
  • Lack of informed consent
  • Errors during childbirth

Why Montlick & Associates?

The Georgia medical malpractice law firm of Montlick and Associates represents medical malpractice victims and their families from all communities throughout the state of Georgia and all over the Southeast. For over 39 years, the attorneys at Montlick & Associates have been helping families throughout Georgia and the Southeast. Montlick & Associates concentrates its practice on personal injury law, providing caring and high quality legal representation.

The firm is well recognized not only for its legal work, but also for its extensive and unprecedented public service programs that fall under two main umbrellas: their initiatives to help families prevent injuries and their extensive efforts to support our troops. The firm was recently honored by the Georgia House of Representatives for its 30 years of service with the passing of House Resolution 394 recognizing Montlick & Associates for "the outstanding accomplishments of this distinguished firm," and “for providing efficient, effective and dedicated services to the citizens of Georgia."

The firm was also named the Most Patriotic Business of 2011 by the Association of the United States Army in Atlanta for its efforts to support the troops, and its CEO David R. Montlick received a Patriotism Award in 2012 for the Southeast. To learn more about Montlick & Associates and their award-winning public service programs, please visit

Call 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit online at and use the firm's Free 24-hour Live Online Chat or Free Case Evaluation Form.

Please Note:
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.