A Massachusetts medical malpractice jury awarded a young child $3.45 million against the pediatrician who was his doctor from birth to age five, for the pediatrician’s failure to diagnose his severe-profound sensorineural hearing loss despite the child exhibiting significant speech delays that only marginally improved with speech therapy, and despite repeated written requests over the period of two and a half years from treating physicians at Boston Children’s Hospital that the pediatrician refer the young child for audiological evaluation.
When the child was finally evaluated by an audiologist, he was diagnosed with severe-profound sensorineural hearing loss and fitted with a hearing aid in his right ear only, because by that time a hearing aid in his left ear would be of no benefit. Once he was fitted with the hearing aid, his speech and language rapidly improved but he will always be behind his peers in reading and writing due to the delay in diagnosing and treating his hearing loss.
The defense argued that the pediatrician’s office conducted otoacoustic emissions (OAE) hearing screenings that the child always passed. The plaintiff countered that an OAE screening in not enough and that the standard of care requires an audiological work-up when a child has a speech delay.
The defense further argued that the child’s profound hearing loss did not occur until after he turned five. The plaintiff countered with testimony from the child’s teacher of the deaf at New Bedford High School regarding the child’s struggles in the classroom resulting from missing language development between the ages of 2 and 5.
The Massachusetts medical malpractice jury reportedly deliberated for less than two hours before returning its verdict in favor of the child and his mother. The defense filed post-trial motions that were denied by the trial judge without a hearing. The defense did not appeal the verdict.
Rodriguez, et al. v. Georgescu, M.D., et al., New Bedford Superior Court.
Otoacoustic Emission (OAE) Screening
Otoacoustic emissions (OAE) hearing screening, used widely in hospital-based newborn hearing screening programs, is an objective method that screens hearing in a range of sound frequencies critical for normal speech and language development. OAE screening is the most practical method for screening infants and toddlers because it does not require a behavioral response from the child; it can help to detect sensorineural hearing loss and call attention to hearing disorders affecting the pathway to the inner ear; it is quick and painless; and, it can be conducted by anyone who is trained to use the equipment and is skilled in working with children.
The OAE Screening Procedure
OAE screening is performed with a portable handheld screening unit. A small probe is placed in the child’s ear canal that delivers a low-volume sound stimulus into the ear. The cochlea responds by producing an otoacoustic emission, sometimes described as an “echo,” that travels back through the middle ear to the ear canal and is analyzed by the screening unit. In approximately 30 seconds, the result is displayed on the screening unit as a “pass” or a “refer.” Otoacoustic emissions (OAE) screening can help to detect sensorineural hearing loss occurring in the cochlea. It can also call attention to hearing disorders affecting the pathway to the inner ear.
Recommended Head Start OAE Screening and Follow-Up Protocol
- An initial screening of both ears on every child (birth to three years of age).
- Any ear not passing the initial (1st OAE) screening is screened again (2nd OAE) within approximately 2 weeks of the first screen.
- If the ear does not pass the 2nd OAE screen, the child must be evaluated by a health care provider to determine whether there is an outer or middle ear condition (blockage, fluid, structural anomaly, etc.) interfering with accurate completion of the OAE screening. Treatment or monitoring may be needed.
- Once the health care provider gives medical clearance, indicating that there are no conditions present that would impede an accurate screening, an OAE rescreen is conducted. If the ear does not pass the OAE rescreen, the child should be referred to a pediatric audiologist for a diagnostic evaluation. This referral is usually made by a health
care provider in coordination with the Head Start program.
If you or a loved one suffered harm from undiagnosed or untreated hearing loss, you should promptly find a medical malpractice lawyer near you who may investigate your claim for you and represent you or your loved one in a medical malpractice case, if appropriate.
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