El Cajon, CA asked in Medical Malpractice and Personal Injury for California

Q: If a Patient is diagnosed with PTSD because of a procedure can you sue for Malpractice?

Doctor did not used enough anesthetic and patient felt entire myringanotomy procedure afterward having a vaso vagal event and anxiety attack and was left alone and not given any discharge paperwork or follow up care instructions and was passive in saying "maybe you should go to the ER" and wrote the procedure down on a post it and gave it to the family member

1 Lawyer Answer
William John Light
William John Light
Answered
  • Medical Malpractice Lawyer
  • Santa Ana, CA
  • Licensed in California

A: You will almost certainly lose. The amount of anesthetic to use is governed by general rules and physician discretion. If the physician exercised a proper amount discretion, but the judgment turned out to be wrong, it is not malpractice. Further, your damages, while extremely personal to you, do not seem to be the type which would make a jury give you a significant award, making your case a high risk, low reward endeavor. Please seek out other opinions. Attorneys disagree all of the time.

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