McIlwain v. Natchez Community Hospital, Inc., an appeal from the Supreme Court of Mississippi, involved a father who took his two-year-old child to defendant’s hospital emergency room because his son was crying, vomiting, and saying he was in pain. When they arrived at defendant’s hospital, they were seen by a doctor who knew the boy’s father, because doctor had worked with the child’s paternal grandmother, who was a former nurse.
The doctor was aware the boy had suffered a subarachnoid hemorrhage in the past as result of being in a serious car accident. The subarachnoid cavity is located just beneath the top of a person’s skull. At the emergency room that night, the boy’s father told his doctor about the vomiting and complaints of pain, but did not mention the subarachnoid hemorrhage, since he believed doctor was already aware of this previous car accident. Continue reading
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