side note: This is one of those cases where you say, How does this happen? Is it negligence that results in malpractice? Is it a horrible unavoidable incident? These are the questions faced by the jury and how much compensation may de awarded to the partents of the child.
Northest Arkansas News
by John Lynch
The courtroom is quiet, like before a storm.
Attorneys, heads down, scribble on notebooks or exchange whispered consultations as they wait for jurors to be brought in.
And then, the little boy starts wheezing. The sound fills the room.
His breathing sounds rough and ragged as the jurors file into Pulaski County Circuit Judge Williard Proctor Jr.’s court. Diego Chavez’s head lolls back like an infant’s as his mother lifts him from his stroller.
But Diego is 4 years old, and his thin arms and legs fall back limply, dangling behind him as Nelyda Chavez kisses him and cuddles him to her neck.
Seemingly contented, his breathing sounds ease, replaced by a babylike cooing that sounds disconcertingly unlike a healthy child.
The sounds the Conway boy makes grow so loud as his attorney addresses the jury that his parents take him out of the courtroom, with father Omar Chavez carrying him.
The medical-malpractice trial, which began May 7, seems to be winding down, and jurors could decide this week if the seizure Diego suffered was an unavoidable medical tragedy that left him so brain damaged that he can’t feed himself or even smile. Or were his injuries worsened, as his parents say, through neglect by the medical staff at Arkansas Children’s Hospital? (more…)
