A young boy was in the hospital for pain in his stomach. A radiology study was being done to determine the cause and possible surgery for it. Because of the pain his breathing was difficult and had to be continually monitored. During the study his family was with him and became concerned that he was not breathing correctly. Despite their protests the staff ignored them and proceeded with the study. He ultimately stopped breathing completely and suffered brain injury when they were not able to perform CPR in a timely manner because of the delay. Because of the workup and time spent investigating the case, we were able to settle this matter before filing the case. The settlement was used to set up a trust for the child, enabling him to purchase special equipment and care to take care of his many needs due to his brain injury.