Medical Malpractice claims can be difficult to win and expensive to take to trial. With the right attorney, however, a viable claim can be won. In the case of Croke v. Williams et al, the Plaintiff did prevail against the doctors involved in a little boy's emergency room treatment in a jury trial.
In 2002, 12 year old Alberto Fernandez suffered from developmental delays and required a shunt in his brain to drain excess fluid. On January 11, his mother found him clutching his head and screaming in pain. He was brought to the ER at approximately 7:00am. The ER doctor, however, did not see him until 8:15am. The Plaintiff's contention was that Alberto had quickly deteriorated during this time, and this was noted by the ER nurse. The Defendant doctor claimed to have no knowledge of this, having prescribed him pain medication and worked to have him transferred to another hospital.
The transfer was scheduled by 8:45am, but the Defendant did not go back to visit Alberto, who was not transferred until 10:20am. During that time, he suffered respiratory arrest and his brain was damaged beyond repair. He died three days later.
The Plaintiff proved their case against the Defendant, alleging malpractice in the doctor's actions in failing to treat Alberto and allowing him to deteriorate to the point of brain damage. The case went to a jury, who awarded the Plaintiff $3.58million in damages.