Amelia’s brain was damaged during the surgery. The girl is in a vegetative state, and her parents have accused the doctors of a medical error

Contents

It bent like a string
There is no need to worry
He replied that he did not know
Every effort has been made
Brain damage is not a complication

– Seven days after the operation, the ultrasound equipment was brought to the room. I remember the doctor looking at the picture and saying the drain was too deep and bleeding. It was time to operate. I froze, but I had one thing in my head: “too deep” in my brain, I mean where?

A few months ago, the story of the Śmietański family touched the readers of TvoiLokony. Four-year-old Amelia was born with hydrocephalus. Today he also suffers from cerebral palsy and many other diseases. She does not sit, walk, or speak, and is completely dependent. Her condition is the result of an incorrect tube replacement during one of the treatments that damaged Amelia’s brain
Amelia has a twin brother, Aaron, who suffers from cystic fibrosis. The parents of the children – Martyna and Patryk Śmietański are 24 and 25 years old. For several years, their lives have been going along with the treatment and rehabilitation of children, as well as fundraising for their needs
A year ago, under the influence of family and friends’ suggestions, the Śmietański family reported to the law firm for medical malpractice, and Amelia’s case was brought to court. Doctors say that at no stage in the care or treatment of the girl they made a mistake. The Patient Rights Ombudsman and the experts who engaged the case have a different opinion
In the case of Amelia, her parents and her brother, civil proceedings are pending in the District Court in Warsaw. – We demand compensation for Amelka for the harm, as well as compensation for her parents and brother for the lost family ties, which are the personal good of every human being. In addition, we demand a life annuity that will provide Amelia with treatment, rehabilitation and a dignified life – explains Małgorzata Hudziak, legal advisor.

Amelia is 4 years old today. He doesn’t talk, he doesn’t sit, he doesn’t walk. He communicates only through facial expressions. He goes for walks in a special rehabilitation pram and sleeps in a special rehabilitation bed. Every day she undergoes a five-hour rehabilitation. During her short life, she underwent five operations. How many more will the four-year-old have in the future? Hard to say. One thing is for sure, without the help of third parties, he will not survive even a day. The story of a girl who, after replacing the drain, became a cripple, was described by Medonet in February. Back then, just like her parents, we were under the illusion that the tragedy was caused by a fatal twist of fate. Today we know that Amelia could be healthy if …

“We were saying goodbye when we were baptized in the hospital …” The story of these siblings is truly shocking

It bent like a string

Three years ago, in early October, Amelia, one year old, and her mother reported for a peritoneal valve inspection. After palpation and additional examinations, the doctors concluded that it was necessary to revise the system with replacement of the intraventricular drain. Earlier, a girl who was diagnosed with hydrocephalus four months after giving birth had undergone three such procedures. They were all cunning without complications, this time it was different. The operation was prolonged … – Entering the room, I saw the nurses standing over Amelia holding an inflated sheet. I got scared… I thought: God, what happened… One of the sisters said that some of the children feel cold when they come back from the operating theater, but she didn’t convince me. Amelia was very anxious, screaming all the time. I tried to put on her pacifier, but her tongue was curled backwards. Her eyes were unaware… Even my arms didn’t soothe her. It stretched and bent like a string – said Martyna Śmietańska, Amelia’s mother.

There is no need to worry

After the baby was given the medicine, the mother and daughter were allowed to leave the ICU. However, on the way to the surgery ward, the girl began to choke on her own saliva. There was an echo in the hospital corridor: Doctor, doctor … Nurses were running with the bed, chaos reigned. Amelia was hooked up to medical equipment. Its saturation and pressure were measured and oxygen was administered. Terror was growing on the faces of all the staff. One word ran through the conversations: “complications.” – I was sitting by her bed, holding the hand and I couldn’t contain my tears. I was hoping our nightmare would end in a moment … – reported the mother. During the following days, various doctors consulted the “one-year-old patient”. They described everything in cards, no one informed the family about anything.

“They told me, don’t worry, but it wasn’t my baby.” Uncontrolled movements, body arched, eyes darting away. Amelia stopped eating, stopped hearing. You could crack your pots and pans – no reaction. After a week, the doctors decided that it was worth having an ultrasound scan of the head. I remember the doctor looking at the picture and saying the drain was too deep and bleeding. It was time to operate. I froze, but I had one thing in my head: “too deep” in the brain, I mean where? – Martyna said.

He replied that he did not know

After the operation on October 17, the child’s condition did not change. So was the informing state of his parents. The doctors told them that the girl had epilepsy and that she would need intensive rehabilitation. One of the nurses suggested to them that she would transfer her own child to a hospital in Warsaw. At the end of October, Amelia was discharged home – she entered the hospital, she left the hospital. – During the first rehabilitation, the physiotherapist did not believe that my daughter had ever walked. She said she might never sit down again. She has a large part of her brain damaged, quadriplegia, spasticity, asymmetry … At first I didn’t believe her … What do you know – I thought … I trusted the doctors who treated Amelia from birth. During the follow-up visit, I asked one of the surgeons why my baby couldn’t even hold his head. He replied that he did not know …

For the next two years, the life of the girl’s parents was governed by one word: collection. Collection for a wheelchair, collection for lower limb orthotics, collection for a car seat for the disabled. A year ago, under the influence of family and friends’ suggestions, they approached the law firm for medical malpractice. – Many parents, like Mr. and Mrs. Śmietańscy, do not realize that if their child makes a medical error, they deserve any money. Moreover, they are afraid that they are in a losing position and do not want to “go to court” for several years. This is a wrong approach – medical malpractice cases can be won and we do it, and parents go to court only once – comments attorney Joanna Lazer.

– In the case of Amelia, her parents and her brother, civil proceedings are pending in the District Court in Warsaw. We demand compensation for Amelka for the harm, as well as compensation for her parents and brother for lost family ties, which are the personal good of every human being. In addition, we demand a life annuity that will provide Amelia with treatment, rehabilitation and a decent life – adds Małgorzata Hudziak, legal advisor.

Every effort has been made

In November 2019, the Ombudsman for Patients’ Rights initiated an investigation in the case of Amelia. The hospital maintained that “there were no negligence or irregularities during the stay in the hospital from October 8 to 27, 2017,” and “the current state of health of the child is the result of the poor course of this complicated disease (multi-compartment hydrocephalus) and not a medical error. . ” “The cause of the child’s present condition is unforeseen bleeding into the central nervous system, probably after removal of the old intraventricular drain, which in this type of hydrocephalus is always overgrown with tissues causing its obstruction. Despite the best efforts made during the procedure, this type of complication can always occur “- we read in the letter on November 25, 2019. The hospital also believes that the child’s mother was informed about the child’s condition at every stage of treatment, as evidenced by the documents she signed. In the opinion of the facility, “understanding the explanations and information provided” could hinder the parents of the “psychological trauma” caused by Amelia’s condition.

Brain damage is not a complication

In the course of the investigation, the Patient’s Rights Ombudsman also obtained an opinion of an internal medical consultant, which completely contradicts the position of the hospital and sheds new light on the events from three years ago. First, a typical complication may be infection or blockage due to an obstruction in the drain, rather than “damage to the brain structures”. Secondly: corrective actions after valve tubing replacement were delayed – CT examination three days after surgery, tube retraction three days after CT. Also, “the stay in the intensive care unit may have started earlier.” What is worse, “informing the patient’s mother about the course of the procedure and the patient’s condition in the postoperative period, as well as about the consequences of the procedure and complications that followed, was not correct.” Especially since the consent form for the medical procedure was signed blank. Taking into account the opinion of the medical consultant, the Patient Rights Ombudsman found that Amelia Śmietańska’s patient’s rights to health services were violated. – We are very glad that our position was supported by the Patients’ Ombudsman and the surgeon who issued an opinion on this matter. We hope that the Defender will join the civil proceedings as he has such a right. I believe that we will win it – comments Małgorzata Hudziak. – We are deeply impressed by Amelia’s parents, their positive energy, fighting for each day, and the love they have for their disabled children. After all, they are very young people, and they have already gone through so much and will be going through – adds attorney Joanna Lazer.

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