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Father sues hospital over son's brain damage

April 13, 2010 6:26:32 PM PDT
Childrens Hospital of Los Angeles and two doctors are being sued for $19 million after a double hernia surgery allegedly caused serious brain damage to a 6-month-old baby.The father, Eduardo Rivas from Tujunga, says he never gave approval for the 2007 operation.

State investigators say the hospital was unable to supply any records to prove Rivas gave consent.

Hospital officials say they got approval over the phone.

Rivas' son, Nathan, is now 3 years old with the mental capacity of an infant and needs feeding and breathing tubes and nursing care. According to Tuesday's court testimony, Nathan's nursing care costs approximately $1,100 per month.

Rivas believes the boy was brain-damaged by a bad reaction to anesthesia. The hospital says the child's complications were caused by being born four months premature.

AP and CNS contributed to this report.