BOSTON — The civil lawsuit against Boston Children’s Hospital claiming civil rights violations and malpractice is underway. Justina Pelletier’s family is accusing the hospital and four doctors of directing the teen into psychiatric care instead of providing medical help.
Children’s Hospital is also accused of violating the family’s rights. The Pelletier family says during the ordeal that the hospital tried to bar them from seeing Justina. The hospital denied that and told the jury they were just trying to give high-quality care.
Pelletier, who is now 21, was in a wheelchair next to her mother in the 3rd-floor courtroom on Tuesday. The Pelletier family says Children’s Hospital ignored Justina’s doctor’s orders given to them at Tufts Medical Center.
"Justina was a victim of medical malpractice and that she and her parents had their civil rights violated through threats, coercion and intimidation," argued John Martin, the Pelletier’s attorney.
PREVIOUS: Justina Pelletier case against Boston Children’s Hospital set to go to trial
Justina was being treated when she was 14 for mitochondrial disease, a genetic disorder that impacts a person's cells. The Pelletiers say the team of doctors tried to intimidate the family into psychiatric care.
"They weren’t saying she was crazy, they were saying here is a kid who has significant pain, significant problems and we can’t find a medical cause,” said Ellen Epstein Cohen, the attorney for the hospital.
“Parents have a right to meaningfully participate in their child's treatment plan,” Martin said.
The Pelletiers claim the hospital also tried barring them from visiting their daughter and provided inaccurate information to Department of Children and Family officials who were investigating potential custody issues.
"They were making plans to transition Justina to foster care and Dr. Ryan instructed her team to not place that info into her medical notes," Epstein Cohen said. "You didn't hear anything in the opening statements from Attorney Martin that the treatment they provided was wrong."
This is expected to be long trial as attorneys for both sides apologized to the jury because it would be so time-consuming. Testimony resumes Wednesday morning.
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