The pediatrician ignored the child exhibiting significant speech delays that only marginally improved with speech therapy, and despite repeated written requests over the period of two and a half years from treating physicians at Boston Children’s Hospital that the pediatrician refer the young child for audiological evaluation….$3.45M Massachusetts Medical Malpractice Verdict For Delayed Diagnosis Of Profound Hearing Loss In Toddler
When the child was finally evaluated by an audiologist, he was diagnosed with severe-profound sensorineural hearing loss and fitted with a hearing aid in his right ear only, because by that time a hearing aid in his left ear would be of no benefit. Once he was fitted with the hearing aid, his speech and language rapidly improved but he will always be behind his peers in reading and writing due to the delay in diagnosing and treating his hearing loss.
The defense argued that the pediatrician’s office conducted otoacoustic emissions (OAE) hearing screenings that the child always passed. The plaintiff countered that an OAE screening in not enough and that the standard of care requires an audiological work-up when a child has a speech delay.
The defense further argued that the child’s profound hearing loss did not occur until after he turned five. The plaintiff countered with testimony from the child’s teacher of the deaf at New Bedford High School regarding the child’s struggles in the classroom resulting from missing language development between the ages of 2 and 5.
The Massachusetts medical malpractice jury reportedly deliberated for less than two hours before returning its verdict in favor of the child and his mother. The defense filed post-trial motions that were denied by the trial judge without a hearing. The defense did not appeal the verdict.