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  1. #1
    Join Date
    Sep 2019
    Posts
    2

    Default Awake During Surgery

    My question involves malpractice in the state of: New Jersey
    July 2017 my husband underwent a same-day surgical procedure of A/V graft placement the left forearm for dialysis access. prior to surgery, the anesthesiologist met with us to get history and interview my husband during the interview my husband and explain to her that my husband is on a lot of medication and he had a high tolerance to medication. I asked her what will she use for sedation she jokingly said: "The Micheal Jackson so you know he's going out". I found the joke inappropriate but I didn't really care if she made bad joke as long as she does a good job. the 45min surgery turned into 4hours do to anatomy issues and large muscle mass. The surgeon explained to me he had to cut away at my husband muscle to connect the artery to the vein. I went to visit my husband in the recovery room and literally started to cry when he saw me. I knew something had gone terribly wrong. He then explains all the events of everything the surgeons said he told me how he felt every cut pull and tug but couldn't say anything because he was paralyzed. Immediately, reported this to the nurse and ask to speak to the surgeon and the anesthesiologist. The surgeon admitted that he did notice Chris awake during the surgery and request more sedation. The anesthesiologist said that she changed the medication from what she initially told us was would be administering. Now the husband has been refusing surgeries that are needed to give him a better quality of because he is afraid. My question is, can my husband file a malpractice claim and/or a claim of services not rendered. The anesthesiologist was paid to put my husband asleep and she failed to do that.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,106

    Default Re: Awake During Surgery

    Even if he could have at one time, the statute of limitations for medical malpractice in NJ is two years.

  3. #3
    Join Date
    Jan 2016
    Posts
    410

    Default Re: Awake During Surgery

    Quote Quoting Aneesahm
    View Post
    My question involves malpractice in the state of: New Jersey
    July 2017 my husband underwent a same-day surgical procedure of A/V graft placement the left forearm for dialysis access. prior to surgery, the anesthesiologist met with us to get history and interview my husband during the interview my husband and explain to her that my husband is on a lot of medication and he had a high tolerance to medication. I asked her what will she use for sedation she jokingly said: "The Micheal Jackson so you know he's going out". I found the joke inappropriate but I didn't really care if she made bad joke as long as she does a good job. the 45min surgery turned into 4hours do to anatomy issues and large muscle mass. The surgeon explained to me he had to cut away at my husband muscle to connect the artery to the vein. I went to visit my husband in the recovery room and literally started to cry when he saw me. I knew something had gone terribly wrong. He then explains all the events of everything the surgeons said he told me how he felt every cut pull and tug but couldn't say anything because he was paralyzed. Immediately, reported this to the nurse and ask to speak to the surgeon and the anesthesiologist. The surgeon admitted that he did notice Chris awake during the surgery and request more sedation. The anesthesiologist said that she changed the medication from what she initially told us was would be administering. Now the husband has been refusing surgeries that are needed to give him a better quality of because he is afraid. My question is, can my husband file a malpractice claim and/or a claim of services not rendered. The anesthesiologist was paid to put my husband asleep and she failed to do that.
    You would be better served by getting your husband into therapy to deal with his fears.

  4. #4
    Join Date
    Jun 2014
    Posts
    3,082

    Default Re: Awake During Surgery

    Did your husband completely read the consent form before he signed it ? It is possible this situation was covered under possible risks of anesthesia. Although the statue of limitations has run out.

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