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Adoptive parents say child's personal injury caused by negligence

Adoptive parents in a state outside Hawaii recently filed a legal claim on behalf of their 3-year-old son. They seek a monetary judgment against several members of hospital staff, alleging that they are responsible for their child's personal injury. The situation began in 2012 when the child was born and was transferred to a children's hospital after his birth mother allegedly tested positive for illegal drugs.

A county child protection team reportedly issued a "hold" on the child upon his transfer to the hospital. The order was placed so that his biological parents would not be permitted to remove him from the premises. At some point, a nurse practitioner and several hospital social workers apparently failed to follow proper procedures and discharged the child into the care of his birth parents.

Sadly, it appears the infant suffered grave neglect and abuse in the hands of his biological parents. He was brought back to the hospital in May 2012 with a severely swollen brain that doctors say was due to severe malnutrition. He was also diagnosed with partial paralysis in his lower extremities. Though the child is now 3 years old, he has never walked.

The adoptive parents have filed a legal claim against those whose negligence is believed to have been responsible for his personal injury. The claim states that a monetary judgment is being sought for emotional and physical pain, loss of potential wages and loss of capacity to enjoy life. The child will need life-long medical care and living assistance, which his adoptive parents hope to pay for through compensation that the court may issue if their claim is successful. A parent or legal guardian in Hawaii who is considering filing a similar claim can begin the process by contacting an experienced attorney in the area.

Source: tampabay.com, "Lawsuit claims mistake by All Children's hospital led to baby's abuse", Kathleen McGrory, Feb.12, 2016

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