By admin 
GILBERT, AZ (AZFamily) — A toddler who nearly drowned was found alive in a hospital morgue hours after a doctor at Mercy Gilbert Medical Center declared him dead, according to the police report.
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According to the family’s attorney, the child’s parents plan to take legal action against the doctor and Dignity Health. Prosecutors are also reviewing the case to determine whether the parents could face child abuse charges.
The near-drowning
Gilbert police received the first 911 call at approximately 5:30 p.m. during a Super Bowl party on February 8 after a mother found her 18-month-old son floating face down in a backyard swimming pool. The boy was rushed to the hospital.
The declaration of death
Police body camera audio captured a voice saying, “No objections, I’d like to call time of death.” Gilbert police identified the doctor as A. Toosi.
According to the police report, Dr. Toosi pronounced the toddler dead in error at 6:20 p.m.
Before and after the declaration, documents show the child’s parents, nurses, and officers observed signs of life and expressed concern. At 6:26 p.m., the boy’s mother asked, “He’s breathing, is that normal?”
A police report says a nurse said, “I have a pulse,” and that an officer noted concern the child was “still possibly breathing based on the appearance of his stomach and chest area rising and falling.”
In response, Dr. Toosi “arrogantly” told one officer, “he was the doctor, he has the medical degree, he went to medical school for a reason, and to let him do his thing,” according to the police report.
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Found alive in the morgue
At approximately 11:52 p.m., an Office of the Maricopa County Medical Examiner transporter arrived at the hospital to retrieve the child and discovered he was breathing and had a pulse. The toddler was then flown to Phoenix Children’s Hospital.
The family’s attorney said the boy has significant medical issues that will require lifelong care.
Doctor’s background and status
State board records show Aryan Toosi holds an osteopathic physician license issued in 2023. He completed his emergency medicine residency at Sparrow Hospital in Michigan in 2022.
Gilbert police detectives confirmed Toosi is not facing criminal charges, but he does have an attorney. That attorney said, “Out of courtesy to the family and patient confidentiality, we respectfully decline to make a statement at this time.”
Dignity Health officials did not answer questions about whether Toosi remains employed or has been placed on leave.
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