$7.5 Million Medical Malpractice

A minor in Boca Raton was transported by EMS to an emergency department after experiencing a severe headache, nausea, and vomiting. At the hospital, a CT scan revealed a brain bleed. Because the facility did not have neurosurgical capabilities, staff sought to transfer the child to another hospital equipped to provide the necessary care. The first hospital contacted for the transfer denied it, stating that the injury was not trauma related. A second hospital was then contacted and agreed to accept the transfer.

During the ambulance transport to the second hospital, the child suffered an acute brain herniation that caused severe brain damage and neurological injury. It was alleged that the over two-hour delay in treatment contributed to this outcome, constituting a violation of EMTALA under Florida law, specifically Section 395.N41 concerning access to and assurance of emergency services, patient transfers, and related patient rights. Although liability was denied during pre-suit investigation, our firm secured a $7.5 million settlement.