Ruling Allows Lawsuit Over Rochester Child's Death to Proceed

St. Paul, MN (KROC-AM News) - The Minnesota Supreme Court has denied a request to hear an appeal of a decision by the State Court of Appeals to reinstate a wrongful-death lawsuit involving the death of a 3-year-old Rochester child.

Minnesota Supreme Court Declines to Review Case

The state's highest court today issued a notice that it would not review the appellate court ruling, which found that an Olmsted County judge abused their discretion in dismissing the lawsuit against Olmsted Medical Center. The judge, in a decision issued about a year ago, found that the medical malpractice claim stemming from the death of D-Angelo Pitchford in February 2022 lacked a "chain of causation."

Wrongful-Death Lawsuit Against Olmsted Medical Center Moves Forward

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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Lawsuit Centers on February 2022 Death

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.

Father Faces Manslaughter and Neglect Charges

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.

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.

Father Left ER With Child Against Medical Advice

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 that Pitchford maintained that he was being lied to by the ER staff.

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

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Gallery Credit: Ken Hayes