I felt the first incision of surgery, is there a case?

UPDATED: Oct 1, 2022

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I felt the first incision of surgery, is there a case?

I had surgery for inplanting a icd,
thursday january 17, 2019. I was awake
enough as the surgeon began, i felt the
initial incision. I told the team ‘ I
felt that ‘.
They then put me under enough to preform
the rest of the surgery.
Prior to the surgeon coming in, the team
spoke of how this doctor does not put
patients under til he arrives to the
operating room.
Did he rush ? Did he not give ample time
for me to be put under ? Do i have a
case ?
The hospital is located in the
countryside area of Saftey Harbor
Thank you, James S.

Asked on January 20, 2019 under Malpractice Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you don't. Whether or not they waited long enough to make sure you were under, and so whether or not this was malpractice, you can only recover compensation for significant and long lasting life impairment or disabilty, and for additional medical costs or lost wages due to the malpractrice. For experiencing an initial incision, there is frankly no compensation to which you'd be entitled; the "injury" is so small and so brief that the law does not compensate you for it. Meanwhile, malpractice suits are expensive; you'd spend for more on the case than you get back.

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