Orlando, FL asked in Medical Malpractice, Health Care Law, Civil Rights and Criminal Law for Florida

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.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: 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.

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