 Unnecessary Surgery Help!
My friend's son lives in Louisiana, but the surgery he underwent was performed in Texas.
The patient is 18 years old and has been seeing a dermatologist for most of his life. Earlier this year his dermatologist in Baton Rouge reccommended that a facility in Texas would be better equipped to handle his treatment. This decision was based on the fact that there was family history of melanoma, and several moles which had been removed from the patient had been determined to contain displastic cells which may be precursors to melanoma.
An appointment was made to have my friend's son examined at the facility in Texas. While there, several moles were removed, and he was entered into the system so that he may continue to be monitored there.
When the pathology report was returned it indicated that one of the moles was indeed a melanoma, and that the patient needed to return immediately to Texas so that the cancer could be removed. This was done.
Two weeks later my friend received a copy of the pathology report in the mail, and when she began comparing notes she realized that the surgery had been performed in the wrong place! The melanoma was located on his back, and the surgery had been performed on his arm. As a result, the patient has a ~6 inch scar on his arm, has nerve damage in his arm, and had to be put under anaesthesia and through pain for no reason at all. When my friend phoned the doctors, they indicated that they would need to see her son again to determine if a mistake had been made.
When they returned, the doctors admitted that a mistake had been made, and apologized. They performed an additional surgery on the patient's back, the one that was supposed to have been performed initially. My friend was not charged for the second surgery.
My question is, what would be the proper plan of action now? The doctor that performed the surgery admitted that a mistake had been made, and that he was at fault. If the hospital makes some sort of monetary offer should my friend accept, or how should she determine if it is a reasonable offer? If she needs to see an attorney, should it be in Louisiana or Texas? Thanks in advance for your replies. | 
09-05-2002, 06:00 PM
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