Court upholds summary disposition of malpractice claim against child's doctor
The family of Connor Burton sued Mohan Dass Macha, M.D., after Connor suffered sudden cardiac death related to a prolonged QT Syndrome. Apparently the child's susceptibilitiy had been identified during a 2005 admission for tonsillectomy but never acted upon. Four years later the child died, and an autopsy confirmed the cause of death was this cardiac irregularity.
The Court held, however, that since the family didn't sue within six years of the doctor's error in not responding to the child's abnormal EKG, their claim for wrongful death was barred by the medical malpractice statute of repose. It did not matter that they were unaware of the error at the time it was made.