Family sues over infection after doctor’s arrest
Suit says treatment was delayed when urologist charged
A Farmington family has filed a lawsuit alleging that their child developed an infection after her medical treatment was delayed by the arrest of her pediatric urologist, who faces federal child porn charges.
Additionally, the family says they are “emotionally disturbed” over the possibility that their daughter may have been inappropriately touched or photographed by Dr. Guy Rosenschein, who was employed by Presbyterian Healthcare Services, according to the lawsuit. Both Rosenschein and PHS are among the defendants in the case.
The lawsuit was filed in state district court Jan. 13, a week before a class-action lawsuit containing some of the same allegations was filed by two women whose children were seen by Rosenschein.
The delay in treatment, according to the lawsuit filed by the Branch Law Firm, caused the child to “suffer a horrific” infection that “required medical treatment” and resulted in additional medical bills.
In a statement, PHS told the Journal that upon hearing the criminal allegations against Rosenschein, it took immediate action to ensure that he no longer practiced in PHS facilities.
“We continue to work closely with law enforcement regarding their ongoing investigation of this physician,” the statement says. “We will keep our focus on the patients we serve and comment on legal proceedings in the appropriate venues.” It is not clear who is representing Rosenschein. The family argues that Rosenschein performed
surgery on their daughter, but due to his arrest was not available to provide follow-up care. PHS told the family that it did not have any other pediatric surgeons qualified to perform the procedure and, in the end, another hospital provided her follow-up care, according to the lawsuit.
But the delay, the lawsuit alleges, resulted in an infection that required additional treatment.
According to federal court documents, agents found photos of naked children in Rosenschein’s home. Both lawsuits allege that Rosenschein had images of patients’ genitalia that were taken in a hospital setting.
U.S. Attorney Damon Martinez has said there is no evidence to suggest the photos were taken at PHS or that they were not clinically appropriate.
But Adam Funk, who is representing the Farmington family, said the images were taken on an iPhone 6, and in the time since that phone was released, Rosenschein only had privileges at Presbyterian and a hospital in Missouri.
He said his clients told him that Rosenschein sometimes asked them to leave the room as he evaluated the child.
“They trusted him and they left,” he said, “leaving just him and the kid alone.”
Funk said his firm is representing multiple families whose children were evaluated by Rosenschein.