What happens if your under the knife for a fancy brand new surgery and your surgeon has a heart attack?
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Answers:
Despite what is written above, when you sue a doctor, you are actually suing.the doctor. The malpractice insurance company has their own agenda, and it is the same as any other insurance company - they don't want to pay anything. In addition to paying large lawyer fees, settlements, etc., doctors can also have their license revoked, lose hospital privileges, get kicked out of their partnership, lose their wife, etc. if they are sued. (And you wonder why you have so much trouble getting in to see a doctor and why those left are so busy).
In order to win a malpractice suit, you would have to prove that the doctor either 1) did something intentionally wrong that was outside the bounds of usual care that caused detriment to the patient (amputating the wrong leg or giving a wrong medicine), or 2) grossly neglected to do something that is standard of care which subsequently caused the patient harm (letting a nursing home patient get a huge ulcer on their bottom which caused them to get an infection and die).
He did not intentionally have the heart attack. You might say he neglected you, but doctors are not immortal and judges know that. I think you would have a very hard time convincing a judge to take money from a hard-working, world-famous (ie, only person in the world who can do this surgery) doctor who just had a heart attack.
However, it would be very very unlikely that you would die as a result of the surgery simply stopping right in the middle. Most surgeries are well-controlled, one-step-at-a-time events with few opportunities for death if you proceed appropriately. Major surgeries (brain, transplants, etc.) are even more controlled. You are not bleeding the entire time of the surgery; actually, there is very little blood loss. It's getting IN that's the problem, not getting OUT. Any surgeon or even a surgical assistant could simply start removing things and start sewing things up.
Other Answers:
You know i don't think the doctor can get in trouble for having a heart attack because you know that stuff just happens. lol you have very funny questions and they're fun to answer. This is a very unfortunate situation and i don't think there is anything that could be done. lol
Hopefully this hasn't happened to you or any of your family. Generally, there is a surgeon's assistant present.
He will take over---even if sewing you back up for later surgery. When you sue a hospital or doctor, you sue the insurance company. I doubt there will be any repurcussions against the doctor by his eployer although his insurance rates would most likely go up. You could probably sue, depending n what you signed going it. There are a lot of clauses in the disclaimers and this situation may have been covered.
BP You or your family could sue the Dr. because he did neglect your care, ok, so maybe it wasn't completely his fault but he did leave you on the OR table cut open and unable to care for yourself. I think you would get a pretty good chunk of change for that one!
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