BOSTON -- A Pembroke, Mass., father is demanding that Children's Hospital in Boston take responsibility for the death of his baby daughter nearly a year ago.

Video

Watch Amalia Barreda's Report

The state Department of Public Health has also criticized the hospital for a number of deficiencies that it says occurred when the baby was in the hospital's care.

NewsCenter 5's Amalia Barreda spoke to the father Tuesday. John McCormack talked about the death of his 13-month-old daughter Taylor in October 2000.

"Deep down I knew that she wasn't going to come back, but I held out hope," he said.

He said he took his baby to Children's Hospital for a routine procedure to remove excess fluid from her brain. The hospital scheduled surgery for early the next morning, but overnight there was a fluid build up in the child's brain that caused irreversible brain damage. She died six days later.

"It should not have happened," Nancy Ridley of the Massachusetts Department of Public Health said.

A DPH investigation determined that there were a number of system failures at Children's Hospital, the state report concluding that "preoperative surveillance of the patient was not provided at the level necessary."

"If there was to be a delay in the operating room schedule, then this child needed to be under much closer observation. A child of this age cannot tell you when there's something wrong," Ridley said.

The hospital responded with a prepared statement that said, "While we do not believe the actions of any one individual or system are responsible for Taylor's death, we do want to learn from this tragic event and do everything possible to avoid such an event in the future."

The McCormack family attorney calls it gross negligence.

"My opinion, it was an institutional failure," he said.

Meantime, McCormack is vowing to pursue the case.

"I promised her that I'm going to fight every step of the way. I don't care if it takes me my whole lifetime," McCormack said. "I want to find out what was the cause, " he said.

His attorney said the hospital should do the right thing and that is why he has not yet filed a lawsuit. The McCormack's are hoping for an out-of-court settlement which includes the hospital taking responsibility for the baby's death and an apology.