QUESTION
Do I have a case when I do really know who did my surgery since I never saw the surgeon on the day of the procedure?
Asked on Apr 22nd, 2014 on Medical Malpractice - New Jersey
More details to this question:
On April 11, 2014, I had my left acl reconstructed. But I, nor my wife never saw the surgeon that day. Not before and after the procedure. I was concerned but I trusted the doctor and facility. Not unitl I answered the evaluation that I started being concern. There was a question about how the surgeon was speaking to me before and after my surgery on the day of the procedure and I put down a bad rating because I never saw him. The director of nursing called me within an hour asking me about that response. She tells me that the doctor probably saw me after they have given me the anesthesia and thar I just do not remember. But I am very confident that I remember and that I never saw him before and even after during my recovery. He did not even see my wife in the waiting area like the other doctors did to the other family members. Is there a case if he never saw me but he did do the surgery? There is a case only if he didn't do the surgery?
1 ANSWER
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John J. Ratkowitz
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I agree with the director of nursing, your surgeon probably performed the surgery, but didn't see you pre or post-op when you were conscious, probably because he had several surgeries lined up that day. Generally, ater a surgery you are under the care of the anesthesiologist in the immediate post-op period.
If you really question whether he performed surgery, look at a copy of the operative report. The name of the surgeon will be listed. Arguably, if another doctor performed the surgery and you did not cosent to that you would have a cauase of action for battery, but if the "mystery" surgeon performed the surgery adequately, then your case has limited value, becuase you suffered no lasting damage.
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Answered on Apr 23rd, 2014 at 3:32 PM