Wrongful Death Lawsuit Tied to Rochester Criminal Case Advances

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Rochester, MN (KROC-AM News) - A wrongful death lawsuit tied to a Rochester criminal case has survived its first test.

An Olmsted County Judge recently denied a request by Olmsted Medical Center and one of its physicians to dismiss a lawsuit filed by the mother of a three-year-old boy who died last year after his father had brought him to the OMC Emergency Department. The lawsuit filed by Andreja Pavlovic claims OMC and the doctor who examined the child were negligent in his care.

The father of the young boy, 44-year-old Darius Pitchford was charged last fall with child neglect in connection with his son's death. The criminal complaint alleges Pitchford removed the child from the OMC emergency department against medical advice after blood tests found a high white blood cell count along with "dangerous electrolyte problems that could affect his heart" and signs of kidney failure.

Court records indicate the discharge paperwork for the child included a note from the examining physician that read, "Return to the ER as soon as possible. Your child may die." The boy was found dead at the family's home about four hours later and an autopsy determined his death was caused by complications stemming from a type of congenital hernia that can cause intestinal blockages.

The lawsuit claims OMC and the doctor were negligent in failing to report the child's discharge against medical advice to law enforcement as a case of potential maltreatment and/or child abuse. Court records show an expert witness hired by the deceased boy's mother indicates he is ready to testify that the child would have received necessary life-saving treatment if law enforcement had been contacted after his father removed him from the ER.

The ruling to deny the motion by OMC to dismiss the case indicates the expert witness's claim that OMC "breached their medical standard of care" in the case is sufficient to allow the lawsuit to proceed.