Legal Consequence to Failed Neck Surgery/ Industrial.

[Maria]

Long ago (anybody remember this) we had to meet with the anesthesiologist about a week in advance surgery to sign consent for anesthesia and with the surgeon we had to sign the consent for surgery after actually having the benefits and the potential risks involved explained. When I was a young nurse we had to accompany the doctor explaining this so as to sign as a witness that he or she actually did explain the surgery (this may have been a particular hospital policy).

I have seen that go by the wayside in the last 20 years as like Dale many of my consents were signed "on the fly" pretty much and my last spine surgery consent while on the gurney going into the outpatient surgical suite .. although before any sedating types of drugs.

As long as you are sound of mind when the consent is signed and not under any anesthesia I doubt you can claim duress however as mentioned if one surgery was proposed and an entirely different one performed that could be something to check out. WC usually authorizes a very specific surgery and does not allow room for more to be performed.

When I had my 2nd knee surgery using my regular medical insurance I went in for a small arthroscopic surgery supposedly to drain an effusion on my kneecap area and came out with a patella tendon release and cast from foot to groin. I was so upset about it as I was supposed to be going to Europe 2 months from that date.

Turns out I didn't get to go because my recovery took so long but what I learned was there was a clause in my surgical consent that gave the surgeon permission to explore and do what he had to do (basically and paraphrasing greatly)... so he did something he told me I needed on the other leg too because my tracking was off and that by the time I was 50 I'd be thanking him!!! I was sooooo mad as I was only 30 at the time and that screwed up my travel plans, vacation and my back as well with that big cast on (hobbling around, crutches, limping etc and only one year after 1st spine surgery).

So my advice is to always read your consent form well before signing it as well as other things already mentioned such as not talking lawsuit to anyone at all when thinking about it (no leaks and won't turn other docs away) and yes by all means seek other opinions re the screw situation as well as check out another attorney if you're so inclined (tho if WC questionable whether you can sue at all).