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Posted over 4 years ago.

Right-- I understand your point, but my point was that my doctor agreed verbally in advance NOT to use conscious sedation, and to use general anesthesia instead-- then after surgery he asked if I felt or remembered anything during the surgery-- which he wouldn't have needed to ask had he followed my wishes-- my question was, if I can prove it, and he DID lie and defy my wishes, would I have legal recourse to hold him accountable if he lied to me, but no damages or harm resulted??? Thanks for your answer :)

Brian Robert Wilson
Brian Robert Wilson, Medical Malpractice Attorney - Canton, OH
Posted over 4 years ago.

In my opinion, no. Not sure where you are, but in Ohio, to have a viable medical negligence claim you have to show proveable harm that results. One option you may wish to consider id filing a complaint with your state medical board. But again, that assumes that the Dr did not follow your wishes. It may very well be that the Dr achieved the goal of the surgery--to keep you pain free--without necessarily acvieving a state of general anesthesia. Sedation is a continuum and often there can be a fine line between deep sedation and general anesthesia. That's why Drs who induce "deep sedation" are required to know how to rescue patients from a level of sedation deeper than intended.