Legal Question in Health Care Law in Wisconsin

Re: amnesia medicine: Versed

Valerie:

It is clear your doctor did not follow your instructions, but I doubt you have a case that any good malpractice attorney would consider. The fact that the physician used a drug that has a side effect of amnesia may have been unavoidable in the view of the physician. Indeed, whether Valium or Versed are used, both have the primary effect of relaxation, and the amnesia is a secondary effect. So, it is questionable that an expert would find fault with the doctors for giving the drug unless you were allergic and had a bad reaction.

Even if you were allergic and had a bad reaction (which might be negligence)you likely do not have a medical malpractice case because you have not been "damaged" by the event. If you had lost a leg, been paralyzed, or suffered an irreversible brain injury, that might be the kind of thing that a lawyer could pursue for you. But thank heaven that didn't happen. I can assure you, a damage award is very little satisfaction when you've lost the ability to walk and bathe on your own. But your claim comes down to your wishes not being respected, and there is just no way to get a jury to value that claim very highly.

Of course, you can always write to the Board that regulates physician conduct in Wisconsin and ask them to investigate because your doctor did not abide by your wishes. This is a good idea if you feel very strongly about it.