St. Paul, MN (KROC-AM News) - The Minnesota Court of Appeals has reinstated a wrongful death lawsuit connected to the death of a 3-year-old Rochester child more than four years ago.

Appeals Court Reverses Lower Court Decision

In a decision published today, the Court of Appeals ruled that an Olmsted County judge abused their discretion in dismissing the lawsuit against Olmsted Medical Center last September. The lower court stated that the medical malpractice claims stemming from the death of D-Angelo Pitchford in February 2022 lacked a "chain of causation."

Minnesota Court of Appeals
Minnesota Court of Appeals
Minnesota Court of Appeals

Family Alleges Medical Negligence

The mother of the little boy filed the lawsuit, which claims the emergency room doctor and staff at Olmsted Medical Center Hospital in Rochester were negligent in the child's care and in allowing the boy's father to leave the hospital despite the boy's dire medical condition. Court documents associated with the case indicate he died from severe dehydration and complications stemming from a congenital hernia that can cause intestinal blockages.

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Medical Records Detailed Serious Health Concerns

The Court of Appeals found that the expert witnesses hired on behalf of the deceased child's family met the chain-of-causation requirement needed to establish a medical malpractice claim and should be considered by a jury. Court records indicate the expert witnesses faulted the Olmsted Medical Center emergency room doctor and other staff for not notifying law enforcement of the situation, which the experts stated would have provided an opportunity to stabilize D-Angelo's medical condition, allowing time for a full diagnosis and treatment that likely would have saved his life.

Minnesota Court of Appeals
Minnesota Court of Appeals
Minnesota Court of Appeals

Criminal Charges Against Father Still Pending

The child's tragic death also resulted in criminal charges against his father. Forty-six-year-old Darius Pitchford faces second-degree manslaughter and felony neglect charges alleging he removed his son from the hospital's emergency department against medical advice approximately four hours before D-Angelo's mother found him dead at the family's home.

Olmsted County Sheriff's Office photo
Olmsted County Sheriff's Office photo
Olmsted County Sheriff's Office photo

The criminal complaint cites medical records showing that after Pitchford brought his son to the ER the previous night, he initially refused to allow providers to draw blood for testing. The court document indicates he later relented, and the tests revealed a high white blood cell count, "dangerous electrolyte problems that could affect his heart," and signs of kidney failure.

READ MORE: Rochester Man Now Faces Manslaughter Charge For Young Son’s Death

Child Died Hours After Leaving Hospital

According to the charges, the doctor treating the child ordered X-rays, but before they could be performed, his father took the boy home after signing discharge paperwork. The forms stated the child was leaving against medical advice and included a note that read: "Return to the ER as soon as possible. Your child may die."

The criminal complaint also indicates witnesses told investigators Pitchford maintained that he was being lied to by the ER staff.

Manslaughter Trial Scheduled Next Year

Pitchford is currently scheduled to stand trial on the manslaughter and neglect charges next March.

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Gallery Credit: Carly Ross

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