Legal Question in Medical Malpractice in Pennsylvania

Is it punitive damage?

I have recently gone to an ER in penn. and the doctor twisted my ear when I asked him if the procedure he was going to do would hurt and he said not as much as this. He then continued to mock me. Can I get punitive damage if he should have stiched me and glued me instead and the wounddidn't heal. There were two other people in the room with me.


Asked on 2/23/07, 1:27 am

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Is it punitive damage?

First, as someone who worked as an ER doctor, let me express my apologies for my colleague’s behavior.

What you’re describing is inappropriate behavior, but by itself, not the sort of action that would support a lawsuit. The doctor is supposed to act professionally, and there is no excuse for mocking a patient.

You might express your dissatisfaction with a patient representative. Think of the patient rep as the PR person for the hospital.

If you’re dissatisfied, the patient rep will generally make the doctor know that they need to adjust their behavior.

You mention a “wound” that didn’t heal. If this resulted in serious deformity or malfunction, that might be a basis for a lawsuit.

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Answered on 2/23/07, 9:20 am


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