I recently had a surgical procedure done. They offered "Conscious sedation" but I refused, and asked for general anesthesia.

I had previously regained consciousness and experienced extreme pain, so I demanded general anesthesia. When I "woke up", the doctor asked if I "remembered anything or had any pain during- which tells me they went against my wishes and gave me the "conscious sedation" anyway. I'm fine and no harm was done. Do I have any legal recourse if I can prove they went against my sedation wishes, when no harm was done?

Cincinnati, OH -

Attorney Answers (4)

Brian Robert Wilson

Brian Robert Wilson

Medical Malpractice Attorney - Canton, OH
Answered

In my humble opinion, no. First, you can be in a state of sedation less than general anesthesia and still not have remembered or felt anything. "Deep sedation" is a state of sedation less than general anesthesia but can still achieve loss of consciousness and lack of pain sensation. It is one of many different levels of sedation an anesthesiologist can achieve. perhaps this is what the anesthesiologist did or had in mind when he or she asked you that question. I wouldn't necessarily assume you received "conscious sedation" from the question. The only way to even find out is to order your records and have an expert decipher them. If you want to find out simply for educational purposes for your next procedure, that's one thing. But given the fact that you were not harmed at all, in my opinion it would not be worth it at all to investigate. of course, this is only my opinion. Others may have a different view.

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Joseph Jonathan Brophy

Joseph Jonathan Brophy

Medical Malpractice Attorney - White Plains, NY
Answered

No. Harm = damages. There was no harm, so there were no damages, or to be precise, only nominal damages.

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Elizabeth Taylor Herd

Elizabeth Taylor Herd

Medical Malpractice Attorney - Tampa, FL
Answered

I am not licensed in OH but can offer you general advice. In a civil action, you are suing to recover compensatory damages. If there are no damages, there would logically be no monetary recovery. My suggestion is to contact the risk manager at the facility where your procedure was performed, and/or the Agency for Healthcare Administration to report the offense.

Timothy Kent Hobbs II

Timothy Kent Hobbs II

Personal Injury Lawyer - Diamond Bar, CA
Answered

You should consult a local attorney to discuss your case.


Timothy K. Hobbs II
Attorney at Law
Web: Hobbs Law Group
Email: t.hobbs@hobbslawgroup.com

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