Q: My friend works in the operating room and her surgeon hit her with a metal instrument on her hand (twice). what are her
Rights? what can she do?
A: Let's distinguish intentional vs accidental hitting. If the hitting was intentional then it is a battery and she can sue him for battering her. If the hitting was unintentional then it would be a case of negligence, and the question would be whether the doctor acted unreasonably in light of the circumstances and breached his duty of care to her and caused her foreseeable harm in the course of the surgery. In either case she would need to establish damages. The damages must be significant enough to warrent an action. Otherwise the suit is not worth anyone's time or effort. If the injury is worth the time to report to an attorney most will give her a free consultation. Best of Luck.
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