Need Help: Medical Error During Surgery

[JamieC1]

My friend died after getting the wrong shot in surgery. The doctor said it was a mistake. Are there any laws to protect us from this? Give me advice on what I can do for him. PublixPassport

 

[stealth2]

My friend died after getting the wrong shot in surgery. The doctor said it was a mistake. Are there any laws to protect us from this?

Condolences on your loss.

Her next of kin could speak with a medical malpractice attorney.

 

[cbg]

I'm sorry for your loss.

It would be pointless to pass a law to "protect" us from the mistakes of others. We are all human, even doctors, and we all make mistakes, even doctors. No law can ever change that.

But I think what you are really asking is, can the doctor who made the mistake be held liable for it? That's not a question a message board can answer. As stealth indicated, you or the next of kin if you are not, would need to put the full facts, including your friend's medical records, in front of a medical malpractice attorney, who can review the specifics.

BTW, the doctor is not going to go to jail. Even if found liable, med mal is a civil rather than a criminal issue. I know you didn't ask that, but I'm sure it's at the back of your mind.

 

[zddoodah]

My friend died after getting the wrong shot in surgery. The doctor said it was a mistake. Are there any laws to protect us from this?

Us? Condolences on the loss of your friend, but, legally, this has nothing to do with you.

Your friend's surviving spouse/children/other heirs (depending on the applicable state law) can consult with a local attorney about a potential wrongful death suit.

 

[not2cleverRed]

My friend died after getting the wrong shot in surgery. The doctor said it was a mistake. Are there any laws to protect us from this?

Where did this happen?

 

[Taxing Matters]

My friend died after getting the wrong shot in surgery. The doctor said it was a mistake. Are there any laws to protect us from this?

The exact facts and the state in which this happened are important. Your post does not indicate who actually administered the shot nor does it say how the mistake was made. That's important should the estate or surviving relatives (depending on the state) wish to sue for wrongful death. The fault may not lie with the doctor. The doctor may have ordered the correct medication but the person giving the shot (e.g. nurse or other assistant in the OR) may have made the mistake of administering the wrong drug.