I entered the emergency room for abdominal pain for the second time, following an initial visit that noted I might have been suffering from kidney stones. The second visit stemmed from continue pain, which the second attending physician immediately noted was potentially caused by appendicitis. An attending surgeon on site noted that I possibly had appendicitis and stated a CT scan might reveal whether or not the appendix was in fact diseased. I consented to the surgery based on the conversation with the surgeon.
Following the removal of the appendix, the doctors noted that the appendix was in fact perfectly healthy. Furthermore, after finding more information, it was revealed to me that a CT scan would have without a doubt revealed whether or not the appendix was in fact distressed in any manner, which did not take place before my unnecessary surgery. Do I have a case against the surgeon and hospital for unnecessary surgery, even though it was only the removal of an appendix, and are issues of informed consent failures supportive to my claims?
Answer:
Given the nature of any surgery, regardless of major organ, appendix, or simply exploratory, the risks posed to a patient are actually life threatening. Moreover, the costs of any medical treatment are staggering in most cases, including for appendix removal. If this surgery was indeed unnecessary, which was proven by the removal of a healthy surgery and failure to use a non-invasive and less costly CT scan beforehand, you may have grounds for legal claims.
The issue of lack of patient informed consent, however, is an important one mentioned here. The exact wording and dialogue between you (the patient) and the doctors (both surgeon and emergency room physician) will establish the level of information, and in turn, ability to make informed decisions, you as a patient had. Without sufficient information on items such as, the risks of the surgical procedure, the alternative non-surgical options, and the ability of the CT scan without a veritable slim margin of error to predict the need for an appendix removal, a patient may have consented to the surgery without sufficient information from the surgeon.
Given the complex nature of any medical malpractice or informed consent case, it is essential to consult with an attorney experienced in these matters. During the discovery phase of your specific case, if filed, the attorney will actively seek to establish the specific information portrayed to you (the patient) at the time of the second emergency room visit, in order to establish if informed consent was present. Additionally, other considerations regarding the necessity of surgeons to remove what turned out to be a perfectly healthy appendix will also come into question from a legal and medical standard duty of care standpoint.
References:
Posted by Greg Cohoat on 12 Apr 2010