Surgeon simply did no show to to imporant operation? What to do?

UPDATED: Oct 1, 2022

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Surgeon simply did no show to to imporant operation? What to do?

My father recently was supposed to undergo a surgery to fix his defib, it was installed faulty and now it isn’t working properly and is causing him more problems than he needs right now. He has been seeing his specialist now for a couple years and he seemed alright to him.
But this past monday he was scheduled 2 hours away for the operation to fix his device, he was all ready and prepped at the hospital, ready for the doctor to arrive and perform his procedure. He waited there all day, only for the surgeon to just simply not show up. No calls, nothing, he simply just abandoned ship on him which really makes me mad.
The next day I called his office and he was there answering and taking calls like nothing ever happened. My uncle who gave him a ride to the hospital has cancer and had to reschedule one of his own appointments just to get my dad there only to have this happen.
I was trying to find out if it is possible, or worth it to file for some kind of settlement, granted my dad wasted his entire day, along with my uncles, and also had to sit in a place he hates anticipating the worst. He also had to take off of work and missed that whole day also. Thanks

Asked on June 13, 2018 under Malpractice Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no point in taking legal action unless your father is a CEO or something like that who earns thousands of dollars each day, so the loss of day of wages is very signficant. The law does not provide compensation for frustration, annoyance, "sit[ting] in a place he hates anticipating the worst," etc. It only provide compensation for provable monetary losses--such as his and possibly your uncle's, too, lost wages. It is very hard to imagine that a day of wages for one, maybe two, people is worth the time, effort, and expense of a lawsuit.

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 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.

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