Suit: Doctors mistakenly declared Chicago boy dead

CHICAGO The parents of an 8-year-old boy have sued a Chicago hospital, alleging doctors pronounced their son dead though he was still alive and refused to listen to desperate relatives who insisted he continued to move his eyes and body.

The lawsuit, filed this week, accuses Mercy Hospital and Medical Center of negligence and alleges that nearly five hours passed before staff agreed to perform a cardiac ultrasound, which showed Jaylen Dorsey's heart was beating.

"You didn't have to be a doctor to see that the heart was pumping blood," the boy's father, Pink Dorsey, said at a news conference Friday.

Hospital officials deny the allegations.

Jaylen, who has a disability that keeps him bedridden and on a ventilator, was found unresponsive by his mother, Sheena Lane, on Feb. 18. He was taken to Mercy Hospital and doctors there pronounced the boy dead.

The family says Jaylen's eyes continued to flick open, but that his parents were told the lingering effects of medicine were causing that to happen.

"We're not doctors, so we just went along with what they told us," Dorsey said.

So family members began to plan a funeral for the boy.

But when other relatives arrived at the hospital, they gasped when they saw Jaylen's eyes opening, the boy's father said.

The lawsuit says the family had to demand that medical staff conduct more tests and that a cardiac ultrasound finally showed the boy's heart was beating.

The hospital, which rejects the lawsuit's allegations, said in a written statement that Jaylen arrived at the hospital after suffering full cardiac arrest for 25 minutes and doctors treated him for "an extended period of time" before declaring him dead.

"Despite extensive resuscitative efforts, Jaylen did not immediately regain a pulse and no heart activity was noted for several hours," the hospital said. "... While this is a very rare occurrence, extensive resuscitation efforts, medication and young age can result in a patient's heart function returning spontaneously. We hope for continued strength for Jaylen."

His parents are seeking $200,000 in damages. The lawsuit says they suffered hours of "severe emotional distress."

The boy's parents also worry that the hours he was off his respirator while at the hospital may have worsened his condition.

Lawyer for the parents said that because of the ongoing litigation they would not release details about his disability.

[lookinforbalance]

The article is unclear about whether or not the boy was aware of his situation or if he was suffering horribly. If so, it must have been like a nightmare for him. Poor kid! If there was any question at all, additional tests should have been performed. No one should have to go through this!

[vbwitch]

They probably didnt have health insurance. Our treatment depends on it. As well as the unfortunate fact that hospital employees (not doctors) are underpaid and most are understaffed. Its sad. The fortunate and wealthy get whatever they want, including preferred medical treatment. The rest of us are doomed.

[flower753]

They will settle out of court. No doctor goes to court because it is more expensive then just to settle. And by small amount that they claim, it means that they (lawyers) don't think they have a good case. I want to know more though. If person is pronounced dead they take him to a morgue so when and how did they see his eyes open. I have never heard of dead being kept in the room lying around.

[triciaplumley]

Seriously...to "assume" it was the doctors fault in any of this, shows lack of a brain wave in commentators. $200,000 for severe emotional distress? Really? Not going to happen.

[nohater]

if the doctors are at fault, they should lose their license and banned from practicing medicine anywhere in the USA or its territories. if the hospital and its administrators are found to have covered up for the doctors or the hospital, they should be terminated and also banned from working in the health field. 200K is chump change for a hospital and parents should sue for millions.

[bredd87]

What if it was a series of mistakes that come with medicine. If they had not taken the boy there he would have died. You should not be so eager to always sue people.

[vbwitch]

That will never happen. I can guarantee the majority of his records have already disappeared.

[adzmmom]

Hospital isjust trying to cover up there mistake.
The parentsdeserve WAY WAY more than 200,000.

[vbwitch]

You are absolutely right!

[FoolKiller]

"no heart activity was noted for several hours" The hospital is claiming that his heart spontaneously restarted after HOURS of inactivity? I'm going to go out on a limb here and say that they weren't looking very hard, if at all...

[vnzdrums]

The staff on-board that day should have their licenses removed. Each of the docs, RN's, RT's, good LOrd.. The world is now mad..

[askagain]

People expect perfection but we live in an imperfect world. To collect money, the parents will have to show that the doctors did not follow a reasonable standard of care. Negligence must be shown. Of course, juries are often unpredictable and it is anyone's guess how a case will turn out.

[1ATL1]

If it actually happened the way the doctors describe it in the article, I'd have a hard time not just accepting it as a miracle. That wasn't the doctors fault, so why hold them to blame? Makes no sense.