Legal Question in Medical Malpractice in New Jersey

If someone is scheduled for procedure to break up kidney stones and Dr. used Anesthesia prior to procdure for an x-ray only to find the stone has passed and no procedure was necessary, shouldn't xray be taken first before putting a patient under Anesthesia especially if a few days have passed in between to avoid additional risk/injury?

Asked on 10/04/11, 7:41 pm

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

If you believe you have a case, I urge you to start calling medical malpractice attorneys today. Medical malpractice attorneys will generally listen to your complaint for free. If they think you have a case, they will invite you to their office to find out more details. Generally they will not charge for this service, but, if they believe you have a case, will offer to take the case on a contingent fee basis, meaning you only pay them out the money they win for you, if any.

From the facts you presented, I, personally, do not see a malpractice case I would investigate.

While I agree that an x-ray taken before the procedure might have avoided the risks of anesthesia, there are any number of reasons that this is not on the standard of care. For example, there might have been little reason to believe that you had passed the stone. Further, you do not describe any permanent harm, because fortunately, you did not suffer complications of the anesthesia.

This is my opinion only, and as I said above, I urge you to seek additional opinions, if you are interested in pursuing legal action in this matter.

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Answered on 10/06/11, 1:24 pm

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