Albuquerque Journal

Family sues over infection after doctor’s arrest

Suit says treatment was delayed when urologist charged

- BY KATY BARNITZ JOURNAL STAFF WRITER

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.

 ?? JIM THOMPSON/JOURNAL ?? Celeste Lee looks on as her son Aurelius works on his fishing skills at Tingley Beach, home to catfish and trout, on Tuesday afternoon. Tingley is open daily and admission is free, and forecaster­s say good fishing weather is ahead, with sunny skies and...
JIM THOMPSON/JOURNAL Celeste Lee looks on as her son Aurelius works on his fishing skills at Tingley Beach, home to catfish and trout, on Tuesday afternoon. Tingley is open daily and admission is free, and forecaster­s say good fishing weather is ahead, with sunny skies and...

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