Q: Can a surgical team continue with procedure if the patient who is coherent tells them to stop?
I have a question upon entering out patient surgical center. Patient informs the nurse of being a hard stick. The proceeded with IV in hand which immediately was painful achy and burned. The nurse passed it to the anesthesiologist stating the patient stated it was sensitive. He said he would watch it. Once in or patient informed nurse and anesthesiologist the IV was hurting they both said yes that's a tender spot. And continued. Upon administering the anesthesia the pain and burning was severe enough to bring the patient to tears. Immediately telling the anesthesiologist to stop stop the medicine. He said well you don't want to go through this awake. I said no stop stop the whole thing.
He continued the procedure went through and I awoke in the the recovery room where I immediately put my clothes and left in full tears distraught.
In this scenario, I'm guessing the medical people will have a different story - but if you can prove this happened, I believe the medical people would be liable both civilly and criminally for false imprisonment and battery (at least), and potentially liable civilly for malpractice. Request your entire chart for that facility. ("Chart" means their set of records for you.) If they gave a false story in the chart, that should be rectified.
Schedule a consultation with a lawyer in your geographic area.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.