Family plans legal fight after toddler declared dead, later found alive in hospital morgue

GILBERT, Ariz. (AZFamily/Gray News) - A family plans to take legal action after their 1-year-old son was declared dead at an Arizona hospital but found alive hours later in the morgue.

Blurred body camera video from Gilbert Police captured a family in distress after a mother found her 1-year-old son floating face down in a backyard swimming pool. The incident happened February 8 during a Super Bowl party.

The toddler was rushed to Dignity Health Mercy Gilbert Medical Center, where Dr. A Toosi declared him dead, according to the police report. Hours later, the boy was found alive in a hospital morgue.

The family plans to take legal action against Toosi and Dignity Health, according to their attorney. Prosecutors are also reviewing the case to determine whether the toddler’s parents could face child abuse charges.

The declaration of death

Toosi pronounced the 1-year-old boy dead in error at 6:20 p.m., about an hour after the first 911 call was made, according to the police report.

Audio from police bodycam captured Toosi saying, “No objections, I’d like to call time of death.”

Before and after the declaration, documents show the toddler’s parents, nurses and officers saw signs of life and expressed concern.

At 6:26 p.m., the boy’s mother said, “He’s breathing. Is that normal?”

A nurse said, “I have a pulse,” and an officer noted concern the toddler was “still possibly breathing based on the appearance of his stomach and chest area rising and falling,” according to the police report.

The report says in response, Toosi “arrogantly” told one officer that “he was the doctor, he has the medical degree, he went to medical school for a reason, and to let him do his thing.”

Toddler found alive in the morgue

Hours later, about 11:52 p.m. a transporter with the Office of the Maricopa County Medical Examiner arrived at the hospital to retrieve the boy and discovered he was breathing and had a pulse.

“They pronounced the baby. The medical examiner went sometime after 11 to go get the baby to pick it up, and it was alive,” said an officer in bodycam audio. “It was breathing and had a pulse.”

The toddler was then flown to Phoenix Children’s Hospital.

The family’s attorney says 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 that was issued in Arizona in 2023. He completed his emergency medicine residency at Sparrow Hospital in Michigan in 2022.

Police confirmed Toosi is not facing criminal charges, but he does have an attorney.

“Out of courtesy to the family and patient confidentiality, we respectfully decline to make a statement at this time,” the attorney said.

Dignity Health officials did not answer questions about whether Toosi remains employed or has been placed on leave.

Possible charges against parents

The toddler’s parents could face child abuse charges. The case is currently under review by the Maricopa County Attorney’s Office.

Both the boy’s mother and father admitted to smoking marijuana and not watching their son closely during the Super Bowl party, according to the police report.

The couple have two other young children.