Arizona Toddler Found Alive After Doctor Declares Death, Raising Medical Negligence Concerns

A serious medical error is under investigation at Mercy Gilbert Hospital in Arizona after an 18-month-old toddler was found alive more than five hours after a doctor declared him dead. The incident occurred on February 8 in Gilbert, a suburb of Phoenix, when emergency responders were called around 5:30 p.m. following reports that the child had drowned in a pool while his family watched the NFL Super Bowl. After resuscitation attempts, the toddler was transported to the hospital where Dr. Arian Tousi declared him dead at 6:20 p.m.

However, a police report revealed that officers who arrived at the hospital noticed signs of life and alerted medical staff, but their concerns were dismissed. One officer recounted that a nurse reported detecting a pulse before the death declaration, and when he raised this with Dr. Tousi, the doctor arrogantly asserted his medical authority and told the officer to "do your thing and let me do mine." The officers continued to observe signs such as air release and sounds resembling breathing or choking even after the child was moved to the morgue.

It was only at 11:52 p.m., over five hours later, that a death investigator preparing to transport the body noticed the toddler was still breathing. The child was airlifted to another hospital, where he recovered and was discharged home, though he was diagnosed with brain damage and will require lifelong care. The family has launched a GoFundMe campaign thanking supporters for their prayers and kindness.

Mercy Gilbert Hospital stated it conducted a thorough review and is cooperating with the family, emphasizing patient safety and quality care. Meanwhile, local police recommended negligence charges against the toddler's parents due to marijuana odor at the scene and an unlocked pool gate, suggesting unsupervised access.

Medical experts note that erroneous death declarations are rare but can occur, often involving inexperienced personnel or procedural failures. A forensic pathologist explained that death determination requires absence of pulse, breathing, and neurological activity, and that shallow or intermittent breathing can complicate assessments. Previous U.S. cases have involved similar errors, including a 2020 Michigan incident where a young woman was mistakenly declared dead but later found alive, though she died months afterward.

The toddler's doctor’s attorney declined detailed comment, stating the case involves complex medical and factual issues beyond current reports.