Couple considering legal action after nurse accidentally cuts off infant son's toe

Devin Neeley, KOB Eyewitness News 4
Updated: 01/12/2016 4:14 PM
Created: 01/11/2016 4:46 PM

UPPER FRUITLAND, N.M. - Unthinkable. A baby already facing countless medical challenges is set back even further because of the actions of a nurse, and that baby’s mother is very upset.

"I don't think that should have even happened," said Erica Hogue.

Her twin baby boys, Davante and Delante, have already been through so much in their short life. They came into this world through an emergency cesarean section at UNM Hospital at just 29 weeks. The boys are now 8 months old. Delante is now home with his mother, but his brother still hasn't made it.

"They told us they could let him go because he got a stage-3 brain bleed," said Hogue. Davante is still in the hospital.

"Whatever it was, we would fight beside him," explained Hogue. She said the hospital said due to the brain bleed, he may never walk, talk, see or hear. Hogue and her husband made the decision to continue to fight with him. "We were going to take our son whatever way he came to us."

Continuous intubation, a tracheotomy, g-tube surgery that caused more damage and a hole in the little one’s heart were just some of the medical struggles.

Then in December, the unthinkable happened.

"He had an IV placed in his foot and the nurse that was taking care of him was cutting away the tape and cut off his toe," said Hogue.

The left pinky toe.

"The orthopedic surgeon came up and stitched all the way around his toe placed him in a leg cast," she said.

Circulation could not be returned and the toe was lost. The incident has left Hogue wondering why.

"It just makes me angry that something like this could happen," she said.

She tells us that the hospital investigated the incident.

"The only thing that they could do is use a different tape," Hogue said.

She also tells us that the hospital has since apologized.

"For me, that is just not enough. I believe that my baby is worth so much more than that," she said.

UNM Hospital tells us that they can't comment on a specific patient matter, but Hogue tells us that she and her husband are considering legal action. That may be further down the line though.

"Our priority is getting our son home where he belongs," Hogue said.

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