What are my options if I recently had surgery and the anesthesiologist stuck me about 20 times before they could get my IV in?

The hospital required me to have a pre-surgical consultation with the anesthesiology department which I did. At the time, the MD I consulted with determined that I was a difficult stick, which I already knew. She said she would put a note in my chart to that effect and that they should have ultrasound equipment available on the day of surgery. On the day of surgery, the anesthesiologist did not have the equipment and brushed off my suggestion that it was needed. After 3 or 4 attempts, he found a small vein that while not large enough for the surgery, was large enough to give me some relaxing medication. I woke up after the surgery with close to 20 holes between my two arms for a single IV.What are my options?

Asked on July 23, 2015 under Malpractice Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can certainly file a complaint with the state medical licensing board, against the anesthesiologist and/or hospital. But unless being "stuck" 20 times cauesed you to incur significant additional medical costs or some significant, lasting disability or impairment, there would no point in a lawsuit: in a lawsuit, you can only recover an amount of compensation commensurate (or related/proportionate to) the costs and injury you incur; without significant medical bills or injuries, you would almost certainly spend more, possibly far more, on the lawsuit than you would recover.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.