If doctor injects you without informing you when you are in a vulnerable position and you feel assaulted, what can you do?
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If doctor injects you without informing you when you are in a vulnerable position and you feel assaulted, what can you do?
I brought MRI to orthopedic surgeon because of Labral tear in hip. I am in a lot of pain and was tearing some. I suffer from fibromyalgia, arthritis, degenerative disk disease and more. I also told doctor about pain in rotator cuff where his office did previous surgery. They took X-ray of shoulder. I was laying facing wall while doctor was examining my hip. As I lay there in almost fetal position doctor pressed on bursa sac I screamed and before I knew it he jabbed me with lidocaine and 2 units of Celestone while I was still screaming. I said thats not where problem is he ignored me. I felt violated. I could not move. He told me to get up put paperwork on chair for me to take to front desk. I walked hunched over in tears. I got his notes from visit which states,
Asked on July 3, 2019 under Malpractice Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
1) You can file a complaint about this behavior with the state's medical licensing board.
2) IF you suffer some significant long last (or permanent) injury or incur large medical costs due to this, you could potentially sue based on malpractice for monetary compensation. But malpractice suits do not provide compensation for feeling violating, but only for actual, provably injuries or costs, and they can be very expensive to pursue (besides the fact that it would be unwise to bring one pro se, or without an attorney, and so you'd have legal fees/costs, you must hire a doctor or other medical expert for a malpractice case). Therefore, without significant long-lasting injuries or costs, there is no point in a malpractice suit--you'd spend more suing than you get back.
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