Legal Question in Medical Malpractice in North Carolina
wrong surgery
a doctor in our area performed minigastric-surgery on several people when they had consented for the roux-n-y procedure. as a result, they had severe complications resulting in several other operations to correct his mistakes.
i feel this is definately malpractice, but would this also be fraud?
Asked on 2/21/05, 2:24 pm
2 Answers from Attorneys
MIchael Lewis
Lewis & Daggett, Attorneys at Law
Re: wrong surgery
Performing the wrong surgery can be considered an assault and battery. If done deliberately and with wilful disregard of the rights and welfare of the patient, there may also be a possibility of proving punitive damages as well.
Answered on 2/21/05, 2:54 pm
Timothy Burch
Burch Law Office
Re: wrong surgery
The more likely issue is whether the conduct rises to the level of a battery. Would need much more information about the complications that arose.
Answered on 2/22/05, 10:26 am
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