BUTLER, Pa. (KDKA) -- The family of a 1-year-old child who was punched at Butler Memorial Hospital is suing the health system.
The Miller family claims no one helped them when Elijah Flick-Geibel attacked the mother and child. The baby was punched in the face as his mother, Kelly Miller, tried to protect him.
Empathetic to the fact that Flick-Geibel is dealing with mental health issues, the family dropped aggravated assault charges against him.
The lawsuit claims the hospital failed to protect them.
"There was time in between that this could've been stopped," said Kelly.
The Millers have now retained Butler County lawyer Alexander Lindsay.
"This particular action is action alleging negligence on the part of the hospital," Lindsay said.
The complaint states that when Kelly screamed for help in the emergency room, nobody came to her aid until hospital staff, not security, restrained Flick-Geibel.
"I just feel like there could've been preventative measures by the hospital in this situation. They could've 100 percent stopped this from happening," said Kelly.
Her husband Jermaine agrees: "It sure felt like they could've, they were definitely close enough."
Kelly says she and the baby are still recovering from the attack, but there is trauma.
"He's definitely still going through some issues from this," she said.
Lindsay says Kelly is carrying even more baggage than her son.
KDKA reached out to Butler Memorial Hospital for comment but has not heard back.
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