Unless it was surgery which required real time sensory feedback, yes she would have been generally anesthetized. IF they needed sensory feedback, then their duty of care increased exponentially. A lot of the story is missing but it really doesn’t matter too much, however you look at the situation, how could the doctors and their staff allow this to happen?
I will raise my hands and confess to not being a med-mal expert but how can this episode of medical malpractice be dismissed as a medical malpractice issue? Sure, it’s a negligence issue too and at least they accept that – but isn’t medical malpractice just a form of negligence specific to the medical field?
I have close friends who work in the ER/OR and it’s kinda surprising these kind of things don’t happen more often….or perhaps they just don’t get found out !
“…the case is an ordinary negligence claim.” I think the judges and I have a different definition/understanding of “ordinary”!! This is horrible negligence! I just cannot even fathom it.
“London”, I hope this is not a case of something that happens more often than we know, and they just got caught.
I was actually a juror in a court case where a person fell off the table and hit her head. She was a rather large woman and procedure is to belt them to the table in the event that the patient moves. Which they shouldn’t. In my case, they used a belt that was smaller than recommended. She was asking for 500k and we awarded her substantially less. Was it an error that caused her a minor injury and embarrassment? Yes. Was it worthy of a huge award to line her pockets. No. Was it worth a week in court having lawyers bloviate incessantly? NO..
Hard to believe this case. Isn’t the patient under anesthesia while being operated on? How could the doctors be this incompetent?
Unless it was surgery which required real time sensory feedback, yes she would have been generally anesthetized. IF they needed sensory feedback, then their duty of care increased exponentially. A lot of the story is missing but it really doesn’t matter too much, however you look at the situation, how could the doctors and their staff allow this to happen?
I will raise my hands and confess to not being a med-mal expert but how can this episode of medical malpractice be dismissed as a medical malpractice issue? Sure, it’s a negligence issue too and at least they accept that – but isn’t medical malpractice just a form of negligence specific to the medical field?
I have close friends who work in the ER/OR and it’s kinda surprising these kind of things don’t happen more often….or perhaps they just don’t get found out !
“…the case is an ordinary negligence claim.” I think the judges and I have a different definition/understanding of “ordinary”!! This is horrible negligence! I just cannot even fathom it.
“London”, I hope this is not a case of something that happens more often than we know, and they just got caught.
I was actually a juror in a court case where a person fell off the table and hit her head. She was a rather large woman and procedure is to belt them to the table in the event that the patient moves. Which they shouldn’t. In my case, they used a belt that was smaller than recommended. She was asking for 500k and we awarded her substantially less. Was it an error that caused her a minor injury and embarrassment? Yes. Was it worthy of a huge award to line her pockets. No. Was it worth a week in court having lawyers bloviate incessantly? NO..
I’m sure it wasn’t on porpoise