A 15-month-old child who required 24-hour care as a result of his extreme prematurity was under the care of a home health care nurse. The nurse’s duties included keeping a watchful eye on the child to make sure he was properly ventilated. On the date of this incident, the child became detached from the ventilator.
According to the lawsuit, the home health care nurse panicked and called the child’s father. When the father came to the aid of the child, he began resuscitation efforts. However, the child suffered cardiac arrest resulting in hypoxic brain damage. The child is now in a persistent vegetative state.
The family sued the home health care nurse claiming that she failed to manage the child’s oxygen saturation in a timely fashion, chose not to manage the child’s oxygen saturation, did not timely notice the dislodged ventilator and chose not to resuscitate the child in a timely manner.