Legal Question in Health Care Law in Wisconsin

amnesia medicine: Versed

I had surgery about two weeks ago. I asked the doctor not to use any amnesia drug. He told me to tell the anestheseologist, so I did. I thought by what they said they weren't going to use it. The web site for the hospital said I can denie any treatment. When I went to get my surgical records Versed was listed on it. I have had a bad reation with my last surgery and I told them that. They still used the medicine on me. What kind of lawyer do I need? I feel my rights have been violated. What can I do about this? I am to have a surgery in 6 weeks. How can I trust the doctor? How do I protect myself? Please help me. Or who can I call for help. I tried my lawyer but he told me it is not his field. He suggested a healthcare lawyer but I can't find one. I need to know what rights I have going into surgery? If I don't get help I will never have a surgery again. My trust level with doctors have now gone down the tubes. Please help. Valerie


Asked on 3/07/08, 10:05 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: amnesia medicine: Versed

Valerie:

It is clear your doctor did not follow your instructions, but I doubt you have a case that any good malpractice attorney would consider. The fact that the physician used a drug that has a side effect of amnesia may have been unavoidable in the view of the physician. Indeed, whether Valium or Versed are used, both have the primary effect of relaxation, and the amnesia is a secondary effect. So, it is questionable that an expert would find fault with the doctors for giving the drug unless you were allergic and had a bad reaction.

Even if you were allergic and had a bad reaction (which might be negligence)you likely do not have a medical malpractice case because you have not been "damaged" by the event. If you had lost a leg, been paralyzed, or suffered an irreversible brain injury, that might be the kind of thing that a lawyer could pursue for you. But thank heaven that didn't happen. I can assure you, a damage award is very little satisfaction when you've lost the ability to walk and bathe on your own. But your claim comes down to your wishes not being respected, and there is just no way to get a jury to value that claim very highly.

Of course, you can always write to the Board that regulates physician conduct in Wisconsin and ask them to investigate because your doctor did not abide by your wishes. This is a good idea if you feel very strongly about it.

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Answered on 3/07/08, 10:18 am


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