Defamation Brings Medical Malpractice Suit

A Virginia man is sitting in his medical gown and makes sure he will be fully aware of what his aftercare instructions are by hitting record on his smartphone before his procedure is performed. He is having a colonoscopy done in which anesthesia is used, and a lot more than aftercare instructions are recorded.

When he hit play on the recording, he heard that the staff insulting and making fun of him as soon as the anesthesia had taken effect and throughout the procedure. They called him names, made comments and jokes about a rash he had, and put a diagnosis in his chart that was made up. The man sued the anesthesiologist and the gastroenterologist for defamation and medical malpractice.

The jury ruled that the anesthesiologist and her practice pay the man $500,000 and believed there wasn’t much of a defense because it was all on tape. The case against the gastroenterologist was dismissed. The man has suffered embarrassment, anxiety, and sleepless nights due to the incident. The president of the Academy of Anesthesiology stated that the conversation was inappropriate and unprofessional.

Patients have a vulnerability to negligence by healthcare providers. The negligence that leads to patients' harm or death is called medical malpractice. At Meyerkord & Kurth we have recovered millions, have an experienced and award winning team, offer a personalized and compassionate service, and there are no fees unless we win. Call us so we can provide you with a free case evaluation to educate you about your legal rights and learn how we can help you.

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