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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34757
Experience:  16 yrs. of trial experience
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I went for surgery at a hospital was incubated and put under

Resolved Question:

I went for surgery at a hospital was incubated and put under anesthesia but one doctor was not in the building and the other one was not in the room. What can I do?
Submitted: 7 years ago.
Category: Legal
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Can you tell me, were you injured as a result of this? What happened?

Customer: replied 7 years ago.
I was not injured. I was wondering if I was being used as practise.
Expert:  P. Simmons replied 7 years ago.

Can you tell me what you mean "used for practice"? And why you believe this?
Customer: replied 7 years ago.
Everyone had been told that the doctor was not there and they could not get a hold of him. My doctor that was there said she would not do the surgery without the other doctor plus she was not even in the OR. So what was he thinking by puting me under?
Expert:  P. Simmons replied 7 years ago.
Ahh...sorry, now I see.

One long did this last...from the time you "went under" till the time you recovered and left the hospital?

Customer: replied 7 years ago.
I am not sure how much time went by. I just know that it must have taken them a few minutes to put me out and incubate me. I work up in the recovery room still drugged. They wheeled me back to my room as soon as my eyes was opened and I was wheeled out of the hospital.
Expert:  P. Simmons replied 7 years ago.
Thank you.

OK, let me start with some background information

To successfully sue for medical malpractice, you must meet four part test:

1. A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient. They have a "duty" to treat you with "due care". This is typically easy to prove.

2. The duty was breached - the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitur or 'the thing speaks for itself'). This is often the tough part...since you have to prove, with expert testimony, that, basically, the doctor messed this up...that they were "negligent".

3. The breach caused or aggravated an injury - The breach of duty was a proximate cause of the injury. If you can show they messed up, its often easy to the next step...that the mess up caused the injury. Not always, each case is different, but certainly if you can show they messed it up, you are well on your way to show that the mistake caused the injury.

4. Damages - Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent.

This is often the second hardest part to prove, since you need to have serious injury to convince an attorney to bring the case.

Based on your description, it appears you may indeed have a case. Putting someone under general anesthesia is a significan procedure. There are risks associated and it should not be done unless needed.

Now, the more complex issue may be the recover you have to show how you were harmed. Certainly, if this was negligent, at a minimum they took the better part of one day of your life...that is worth something. But I suspect not much. It takes a lot of time and money to win a Medical Malpractice case...and it can be hard to get an attorney to take a case unless there is a payoff at the end. But I would still talk to some local attorneys to consider at least sending a letter to the hospital the demand they compensate for this "mistake"

If this was on purpose...for would set them up for punitive damages. Though I suspect that may be tough to prove. That is, it may be tough to prove you were used as a guiena pig. But if you could, they would be liable for that in a significant way.

What to do? To proceed, you need and attorney. You can find one here

Talk to a local attorney who can review the entire case with you and help you proceed

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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