A lawyer has placed Children’s Hospital on notice that a Montana couple believes that a hospital worker broke a leg of their now-1-month-old baby and that the hospital should preserve anything that could be considered evidence in a lawsuit.
Aurora police are investigating the child-abuse claim, .
“Children’s Hospital Colorado is committed to providing the best care possible to our patients and families,” the hospital told The Denver Post in a statement. “Out of respect of the HIPAA privacy laws and patient confidentiality, we are not authorized to share specific patient information.
Larry and Britanie Sims, of Billings, Mont., “brought the baby to Children’s at 2 days of age. He had some air in the stomach that required surgery that couldn’t be done in Billings,” said Denver lawyer James Avery, who represents the couple.
The Simses, who have been in Denver with the child for more than a month, couldn’t be reached for comment.
After the surgery, they noticed that the boy, Eddielee, became agitated whenever a certain nurse came into the room, Avery said. They asked that the nurse no longer be allowed to treat him.
“The baby would scream when he was picked up. They noticed a bruise on his ankle and reported it to the staff. They were told it’s not a bruise, it is something else,” Avery said.
The baby’s leg swelled, and the couple continued to complain to staff. A pair of doctors came, and one said she could feel something moving or popping in the leg, but it wasn’t enough of a concern to order an X-ray, Avery said.
A night nurse finally ordered an X-ray, which found a spiral fracture that could have been caused by someone twisting the leg.
The couple reported their concerns to police.
The hospital warned the couple that they would be removed from the hospital if they raised their voices or caused the staff concern, Avery said.
Police asked the parents to submit to a lie-detector test, Avery said. They agreed to the test and have since taken the polygraph, Avery said.
