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Is it medical negligence/wrongful death when a surgical procedure is done by interns not the doctor?

Cullman, AL |

A paracentsis was preformed in the patient's room without a sterile field, and no guided imagery to know the placement of the needle. There was three different first year interns that preformed the surgery without a physician to supervise. The patient has a massive bleed and dies the next day

Attorney Answers 3


  1. Perhaps.

    The bottom line is that all the medical records and bills would need to be ordered and sent to an expert to review to ascertain whether there was a breach of the standard of care.

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  2. Find a qualified medical malpractice attorney in your area immediately. You need to make sure records are obtained and preserved.

    This answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. For more information, see www.hendricksonlaw.com.


  3. The mere fact that the interns did the procedure is not malpractice. Some issues are, were they competent to do it, did they need to be supervised, and what exactly did they do to cause the injury. What the patient was in the hospital for and who the patient was also has a bearing whether it would serve any purpose to sue. You need to call a medical malpractice lawyer in the state where this happened, and don't delay. Medical malpractice cases have short statutes of limitations, and if this was a public hospital, there may be notice requirements as well.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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