In a true medical emergency in which surgery is required, an Oregon resident may not have the time or opportunity to choose a surgeon. Most surgeons are diligent, meet all applicable standards of care and perform successful procedures. However, surgeons and their teams are human and mistakes can occur. When surgical errors happen, patients can be left with the need for additional medical care -- including surgery -- or can even be left with permanent injuries.
An out-of-state man alleges that a botched emergency appendectomy required him to seek additional medical care and left him disfigured. On Nov. 24, 2014, he underwent the laparoscopic procedure. He claims the surgeon failed to remove the entire appendix. A portion of the man's appendix measuring approximately three centimeters was left behind.
According to documents filed in Illinois, by March 30, 2015, the remainder of the appendix became infected and subsequently ruptured. A second surgical procedure was required, but this time the procedure was more invasive. He claims that the ordeal left him disfigured, in pain and unable to fully enjoy his life.
Furthermore, he claims to have incurred medical expenses that would have been unnecessary but for the surgical errors that occurred during the first procedure. As would be the case here in Oregon, the court will examine the evidence presented by the parties to decide whether the surgeon committed medical malpractice. If it is determined that the surgeon failed to meet the appropriate standard of care, the court may consider awarding the damages sought by the victim.
Source: cookcountyrecord.com, "Patient sues doctor, alleging botched appendectomy", Carol Ostrow, Aug. 5, 2015