Jury Awards $5 Million In Charles Co. Malpractice Case

La Plata (AP) - A jury in Charles County has sided with a La Plata couple that sued three doctors for failing to diagnose the abuse of their eleven-month-old son in 1998.

John and Robyn Sprague claimed that a CAT scan would have revealed that the boy's head injury was the result of abuse by his babysitter. The doctors decided a CAT scan wasn't necessary. The boy suffered a more serious injury a month later - again while allegedly in the care of the babysitter.

The jury agreed with the Spragues that the second injury could have been prevented if the abuse had been diagnosed after the first. The jury awarded the family more than five million dollars.

The boy is now six and has severe brain damage.

The babysitter, Nancy Brookbank, was convicted of child abuse but the conviction was overturned last year. Prosecutors have said they will retry the case.Article

[SuperGrover]

It's a sad story, the baby sitter should get the MAX! However, I have to disagree with the parents suing the doctors. This is exactly the reason why it costs SO MUCH to see a doctor. I hope the monetary ruling gets overturned on appeal.

[Kain99]

Originally posted by SuperGrover
It's a sad story, the baby sitter should get the MAX! However, I have to disagree with the parents suing the doctors. This is exactly the reason why it costs SO MUCH to see a doctor. I hope the monetary ruling gets overturned on appeal.

Yeah but who do you blame? The family for suing or the doctor for being negligent.

Instead of whining about medical costs, maybe we should be thankful that there are recourses for people who are mistreated.

[SuperGrover]

If I were a doctor, I'd recommend EVERY immaginable test to a patient (probably make it like a $1million a visit) so I don't get sued.

One question, did the AMA cite this doctor for negligence?

[SuperGrover]

Originally posted by cariblue
Something smells. Why the hell did the Spragues take their kid back to the sitter if they suspected abuse? Sorry, but I wouldn't need more than suspicion to remove my child from someone's care.

Good point!

[ceo_pte]

I agree... I know that no one in here agrees with me, but I think that Mom should be raising the kids anyway. That would solve the problems with someone else abusing your kids. But I wonder what type of parent would take their kid back to the same sitter that they suspected of abuse. Somewhat of a lack of responsibility.

These stinking malpractice suits are what is driving hundreds of doctors out of the business. I know at least 3 doctors who hate their practice b/c of all the crap they have to deal with these days. Many are switching to cash-only providers too.

The way I understand it, the Sprague's believe that if the doctor's would have performed a CT scan when they took their son to the ER for being lethargic that they would have seen the hematoma in the brain, then alerting them to the injury (maybe to be more careful, question how it occurred, for potential abuse, put a helmet on the kid, whatever, but bottom line, they would have known). I agree with the lawsuit, and believe the Sprague's were victims of poor judgement by the doctor's choice not to do a CT scan. The babysitter told them that their son fell backwards, from the chair onto the floor, smacking the back of his head on the floor. They had their son into the doctor's office earlier that day and they were told that if he seemed lethargic to bring him to the ER, which they did, but once they got there, the ER did nothing. When the doctor's open up their son's head after the 2nd incident, the doctor found the previous injury and a new injury. Now, the Brookbank side says that she dropped/tossed the baby putting him in a car seat and because of the previous injury, caused a re-bleed (or something of the sort) of the old injury.

It is a sad situation.

[SuperGrover]

Hindsight is always 20/20.

Now if the parents had requested a CT scan and the doctor talked them into not doing it... now, there's a real case.

Either way, it's a sad situation for the kid and possibly for the babysitter if it was an old injury (but, only if it wasn't due to the babysitter).

[mainman (Premo)]

Originally posted by ceo_pte
I think that Mom should be raising the kids anyway.

Every situation is different my friend...

[ceo_pte]

Originally posted by mainman
Every situation is different my friend...

yea, I know. I can just say that's what we are going to do. I think Mom will do a better job than any babysitter. Not to mention, Mom will be happy too.

I hope that the kid will be ok though.