The parents of a 6-year-old who died from a lacerated kidney are suing Children's Medical Center and a doctor for allegedly misdiagnosing the injury.
The family and attorneys said it is a case of gross negligence that led to the death of first grader Roberto Llanas after he ran into a pole on a playground last May at John Carpenter Elementary in Dallas.
The lawsuit seeks damages of $1 million-plus and states the emergency room physician misdiagnosed Roberto's injury as constipation and he could have survived if properly evaluated.
"Sent him out the door, her and the nurses at Children's Medical Center, with what was actually a kidney laceration and Roberto Jr. bled to death within 4 hours," said attorney Les Weisbrod.
The doctor involved in the case is employed by UT-Southwestern, even though he was working at Children's at the time of the incident. Since the doctor works for a state-run system, the law limits liability to $250,000.
The Llanas' said they filed a lawsuit based on resistance from UT-Southwestern's insurance provider.
"They don't want to pay the 250-thouand for the death of a child but are saying they will pay something significantly lower for the death of a child," said Weisbrod. "I think that's terrible."
Roberto's mother wishes she had done more at the time.
"I blame myself for not knowing something about medicine, trusting a doctor who didn't know my child," said Cristalh Mendoza.
UT-Southwestern said as a matter of policy, it does not comment on pending legal matters.
KDFW FOX 4
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