A patient was given the go-ahead to sue after she fell off of the operating table while undergoing surgery. Although the hospital and surgeon both tried to get the case dismissed, a three-judge panel decided that the woman could indeed go forward with her lawsuit. Just as in Louisiana, patients in other states may be able to sue when they are injured during surgical procedures.
According to the suit, the woman was undergoing cardiovascular surgery at Duke University when she somehow fell off of the operating table. Her lawyer misfiled the initial paperwork for her case in 2015, giving the hospital and surgeon an opening to try and have the case dropped. There was some dispute over whether it was a negligence case or a medical malpractice suit. Two years later, the judges decided that the case could go forward.
It all began in 2012 when the 75-year-old woman was on the operating table after a heart attack. Duke officials admit that she fell off of the operating table during her surgery. It occurred while she was in a very vulnerable position, having already been cut open with surgical tools inside of her. The surgeon was actually in the process of operating when she fell.
In Louisiana, medical malpractice cases are fought ever year for mistakes made during surgery. Those undergoing surgical procedures are usually unconscious and completely rely on the doctors and staff to ensure their safety and care. Mistakes can be financially costly, and they may even cause the patient to lose his or her life. Anyone who has suffered because of surgical errors and medical mistakes has the right to consult with a medical malpractice lawyer who can guide the patient in proceeding with a case.
Source: The Herald Sun, “Court of Appeals sides with heart patient in Duke Health malpractice case“, Ray Gronberg, May 16, 2017