Legal Question in Health Care Law in Florida

patient rights violations

I scheduled a colonoscopy and met with the doctor initially at his office. I stated that unless I could be awake for the procedure, I would refuse. The Doctor explained about conscious anesthesia and I indicated this was my choice. The day of the procedure, the nurse placing the IV asked if it was OK to sleep with my contact lenses in. I said I was to be be awake. The nurse said nothing was noted on the chart.. When I talked to the anesthesiologist, I made it very clear that this was to be CONSCIOUS ANESTHESIA. she indicated ''That's hard to do''. She made other condescending comments as well. She made no attempt to honor my request, administered diprivan (a drug not used for conscious anesthesia), and I had a bad reaction. For 6 days, I had cognitive difficulties, insomnia, no appetite, and anxiety. Does this consitute malpractice since I don't think I have lasting injuries? Can I have her arrested for battery and/or abuse?


Asked on 9/20/06, 11:04 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: patient rights violations

Yes, as you describe it, it sounds like malpractice. No, you won't get anywhere on an attempt to have her arrested for battery or any other crimminal charge.

No, you can't really sue -- despite the malpractice. The laws our Legislature has passed to protect Doctors from "frivolous law suits makes it so expensive and so difficult to sue that without any permanent significant injury it is not economically possible to sue. Your experience falls into the catagory of "frivolous" now.

Welcome to the world of lobbiests and the Legislature. Vote wisely . . . . they are trying to do the same thiong on a national level.

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Answered on 9/21/06, 8:28 am


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