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Kim Courtney
Kim Courtney,
Category: Legal
Satisfied Customers: 4217
Experience:  Founder/Member at Food Business Association
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I have had my right p replaced twice at the Mayo

Customer Question

I have had my right hip replaced twice at the Mayo Clinic-Rochester due to infection.I now have a temporary spacer in and unable to walk.Surgery was scheduled for January 18th for a permanent hip replacement but yesterday my surgeon called and said he would not do it because I tested positive for THC. I was prescribed CBD by another physician for bone healing. CBD contains 1% THC. What action if any can I take?
Submitted: 1 year ago.
Category: Legal
Expert:  Kim Courtney replied 1 year ago.

Hello, I am happy to assist you today.

It sounds like the concern of your surgeon has to do with the anesthesia. He doesn't want THC in your system because it may impact the drugs that you will be on for the surgery.

I understand your frustration and desire to get this surgery completed as soon as possible, but it is actually in your best interest to have your blood free from any drugs that the surgeon may be concerned about. I also understand that it isn't your fault and you didn't know it would be an issue. I suppose the surgeon should have had you give a list of all medications you were on, which you may have actually done, and then known that it was an ingredient. If that is the case, then the surgeon did make a mistake, and you could possible have a legal case later on for the extra cost and pain and suffering involved in the delay of the surgery.

Any lawsuit would happen later, though, after you actually have the surgery, so your focus needs to be on how to get this surgery as soon as possible. I would contact other surgeons and ask if they have this same position on THC and whether they might be able to get you in sooner for the surgery. I know that may be unlikely, but at least you can get a feeling for whether your surgeon is following regular procedure, or being unreasonable in requiring you to be THC free.

After you have the surgery, which we do not know yet when it will happen, then you can decide if you are interested in suing for any delay in the surgery and pain and suffering that resulted. This would be in the event that he did not ask you about your medications, or he asked and you provided it but he did not check.

Best of luck and take care,
Kim

Expert:  Kim Courtney replied 1 year ago.

Hi there.

I need to close out my questions from last week, to make sure that I get paid for my work. I see that your question is still open.

Please close the question by providing positive feedback, which will also avoid the system keeping your money.

Thank you and take care,

Kim

Expert:  Kim Courtney replied 1 year ago.

Hi, I want to make sure that you read the answer that I provided to your question on December 30, 2015.

Please see the above, and then close out the question with positive feedback so that I get credit for my work with you, and so that the system does not keep your money.

Thank you