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.

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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.

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Answered on 2/22/05, 10:26 am


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