Fire started during Vasectomy procedure.

I was half way through my vasectomy when the doctor lit the surgical tray on fire
with the cauterizing tool. There was an open flame directly over my open
incision. Do I have any kind of case here?

Asked on October 29, 2018 under Malpractice Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can only bring a successful personal injury claim (and medical malpractice is a type of such an injury if: (1) you have been subject to a negligent (or intentional) act that has (2) caused you harm. However, here fortunately, you incurred no injury. Therefore, without "damages" you don't have a case. 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
In order to have a medical malpractice claim, an injury with documented medical treatment  is required.
Since you were not injured by the fire, you would not have a medical malpractice case.

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