A doctor who is facing a DUI manslaughter charge for a separate incident is also facing allegations that he performed the wrong brain surgery on a patient and this ultimately led to his death. The patient was admitted to the hospital to have a 6 cm tumor removed from his brain. Whatever the doctor did, the brain tumor was still there after the surgery was performed. At some point, the doctor is alleged to have realized he performed the wrong surgery and began updating the patient’s consent form or directed someone else to do so. The same doctor performed an emergency procedure, but the patient died four days later.
The doctor is accused of medical malpractice. He is also being sued by the family of a student he killed in an unrelated DUI accident in which he was going over 120 mph. The student was a passenger in his vehicle at the time of the crash. The doctor was fired after news of the crash became public.
Elements of medical negligence
It’s a rare form of medical malpractice, but confusing one patient with another does happen. In some cases, doctors have removed otherwise healthy organs, performed the wrong procedure on the wrong patient, or mixed-up procedures in surgical rooms. In such cases, liability typically falls on the doctor.
It also sometimes, albeit rarely, happens that the hospital or doctor, once they’ve realized a major actionable mistake has occurred, try to cover it up afterward. This is illegal. Not only are they altering the medical records of the patient, but they are lying on official documentation. The plaintiffs in this lawsuit allege that the doctor edited the consent form which was amended to show that the patient had given consent for the operation that the doctor did perform. If the doctor is lying, then he will have to explain why a patient with a 6 cm tumor in his brain was having some other form of surgery that day. He will further have to explain why the patient and the patient’s family were confused concerning which operation was being performed. It’s a case of “everyone is wrong except me”. Typically, these types of lawsuits are settled quietly with non-disclosure agreements because the doctor is more afraid of destroying their reputation than avoiding a lawsuit that will be covered by their malpractice insurance provider. But in this case, it’s not clear that the doctor’s medical malpractice insurer will represent him at trial.
Talk to a Tampa Medical Malpractice Attorney
The Tampa medical malpractice attorneys at Palmer | Lopez represent the interests of those injured by medical negligence and malpractice. Call today to schedule a free consultation and learn more about how we can recover damages for past and future medical expenses, lost wages, and reduced quality of life.
Resource:
wkrg.com/news-5-investigates/mobile-neurosurgeon-charged-in-crash-that-killed-medical-student-now-facing-malpractice-lawsuit/
