Max Medlin, age 3, underwent routine dental surgery at W.W. Hastings Indian Hospital. During the surgery and in the post-operative recovery phase, Max was administered excessive fluids. Max was increasingly lethargic and swollen for several hours. Max’s mother repeatedly complained to the nurses regarding Max’s appearance but was told only that it was normal. The anesthesiologist, Dr. Paul Carnes, failed to check on the status of his patient post-operatively. Max continued to deteriorate but his mother was told that Max was ready for discharge. Shortly thereafter, Max stopped breathing. Dr. Carnes then came to see Max and ordered Max life-flighted to a Tulsa Hospital.
Max was already clinically brain dead from the fluid accumulation causing cerebral edema. Max’s organs were donated and life support was terminated.
Outcome:
Non-jury trial in federal court in the Eastern District of Oklahoma. Judgment in favor of the plaintiffs.