"Brain" surgeons abandon patient? NYC

[ESU_MD]

Interesting article about a brain surgeon who abandoned his patient while "asleep on the OR table"

http://www.nydailynews.com/ny_local/2009/05/06/2009-05-06_brain_surgeons_thomas_milhorat_paolo_bolognese_suspended_for_abandoning_anesthet.html


would like to know the real story behind this. sounds like some pissed off nurse blew the whistle? maybe anesthesia shouldve got suspended for putting the patient to sleep without knowing that the surgeon is around?

even more interesting is the quote that one of these guys is said to make $7 million/yr! even more amazing was the quote that $7 mill is the highest surgeon salary in NYC. I doubt that, unless they dont consider the superstar plastic guys real surgeons...

Somehow I doubt that this $7 million can be the highest salary in NYC though, especially at an place like North Shore Hospital. I seriously doubt anyone outside the tri-state area has even heard of this place.

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[mpp]

These guys are shameful. They operate on anyone and anything without regard for true pathology (and only if people pay up front). Even the the first office consultation requires a non-refundable $1250 cash payment up front. Check their website www.chiariinstitute.com . But for whatever reason they have people lined up to see them...many of whom would probably be better off seeing a chronic pain specialist than a neurosurgeon.

 

[homealone3]

These guys are shameful. They operate on anyone and anything without regard for true pathology (and only if people pay up front). Even the the first office consultation requires a non-refundable $1250 cash payment up front.

Good for them; nothing wrong with a little capitalism in medicine. It's not how I plan on making my living, but if they can do it, great ! If they weren't doing a good job, I don' t think so many people would continue coming to them. It sounds like the hospital administration could be to blame for this latest fiasco due to their disorganization. Who knows?

 

[SouthernSurgeon]

These guys are shameful. They operate on anyone and anything without regard for true pathology (and only if people pay up front). Even the the first office consultation requires a non-refundable $1250 cash payment up front. Check their website www.chiariinstitute.com . But for whatever reason they have people lined up to see them...many of whom would probably be better off seeing a chronic pain specialist than a neurosurgeon.

QFT...met my first "chiari institute" patient recently. Funny how the surgery didn't seem to actually fix any of their symptoms...hmmm...

 

[Winged Scapula]

North Shore Hospital on LI is actually fairly well known, even outside of the "tri state area".

I would like to know as well if they verified the surgeons were in the building. I cannot imagine any OR staff, whether in my residency, fellowship or now at the several hospitals I have privileges actually taking the patient back, anesthetizing them and prepping them without having laid eyes on me. Hell, one won't take the patient back unless I have marked the patient and signed the consent form.

As for salary, although the PRS guys can make bank, $7 mil? That's pretty high for anyone. Perhaps the key is that they refer to it as "salary" rather than income, which implies, at least to me, that they are employees of someone.

 

[SLUser11]

QFT...met my first "chiari institute" patient recently. Funny how the surgery didn't seem to actually fix any of their symptoms...hmmm...

"QFT" is an interesting online abbreviation. I always thought it meant "Quit F-ing Talking," thanks to my experience on more vulgar forums like sherdog.net. That's why when I read this post, I thought it was contradictory. So I decided to look it up, and apparently it can mean either "quoted for truth" or my version. That seems sort of interesting, and leaves it entertainingly up for interpretation.......

 

[gstrub]

I always thought it was "quite f-ing true." I like that better.

PS I think it's awesome these guys get paid up front.

 

[MediumDef]

I always thought it was "quite f-ing true." I like that better.

My interpretation as well. Be careful of the internet, apparently ignoramus means ignorant lawyer.

 

[MOHS_01]

7.2 is a stretch for anyone practicing medicine -- anyone. There is more to the story, you can bank on it.

 

[SLUser11]

7.2 is a stretch for anyone practicing medicine -- anyone. There is more to the story, you can bank on it.

QFT.











Just kidding....you just happened to be the first person to respond.......

 

[indo]

Francis Tsao MD May 7, 2009 10:15:28 PM Report Offensive Post
There was no abandonment by the two neurosurgeons. 1- That the patient came to have surgery on a day when Dr Bolognese was at a conference in Italy was a scheduling mistake. 2- Standard OR safety protocol was not followed by the hospital's OR Staff. No patient is to be put under anesthesia if the surgeon is not present or available. 3- Dr Milhorat knew nothing about the case and by law he could do no surgery without a surgical consent. 4- Shane on the hospital for smearing the reputation of these 2 doctors to protect its own public image and hide its own negligence. Francis Tsao MD

read some of the comments below the story. haha

 

[JackADeli]

read some of the comments below the story. haha

...There is more to the story, you can bank on it.

I know absolutely nothing about the details. But my opinions are:
1. 7 million is spectacular for ANY field.
2. With all these "time-out" requirements and pre-op in many institutions unable to release patient to OR without recent/reviewed H&P, marked patient, signed consents.... From my experience at multiple med centers teaching & private, it makes no sense. I suspect either a massive error on the part of pre-op & anesthesia or someone was trying to make a political point/agenda.
3. People start releasing large salary numbers/claims deliberately to try and shame and/or discredited physicians.

JAD

 

[Dimoak]

There's an update to the story.

State's highest-paid surgeon steps down after leaving patient on table in brain surgery no-show
By Heidi Evans
DAILY NEWS STAFF WRITER

Updated Friday, May 8th 2009, 2:30 PM


North Shore University Hospital

2 top NY brain surgeons suspended for abandoning anesthetized patient
The chief of neurosurgery at North Shore University Hospital - the highest paid surgeon in New York - abruptly stepped down Friday after a two-week suspension.

Thomas Milhorat, 73, retired just days after the Daily News revealed his operating privileges at the Long Island hospital were suspended on April 17.

Milhorat had refused to cover for a colleague who never showed for a scheduled operation. The patient, who was left lying in the OR, had been anesthetized and her head shaved as preparation for having a brain shunt inserted.

She had to be awakened and told the operation never happened.

Paolo Bolognese, the surgeon who was supposed to perform the procedure, was also suspended. The state Health Department is investigating the April 10 incident.

Hospital officials called Milhorat's move a retirement and said plans for his succession have been in the works for many months given his age.

A new chairman will be announced later this month, officials said.

North Shore spokesman Terry Lynam would not disclose details of the separation agreement except to say Milhorat would continue his academic and research activities with the North Shore-Long Island Jewish Health System.

Milhorat raked in an eye-popping $7.2 million in 2007, according to IRS filings. Crain's New York called him the highest paid surgeon in the metro area that year, which is the most recent for which data is available.

He and Bolognese - who made $2.4 million - brought millions more into the Manhasset institution, performing more than 3,000 neurosurgical procedures since they opened The Chiari Institute in 2003.

The institute is world renowned for treating people with a rare defect called a Chiari malformation. The anomaly occurs at the base of the brain and can cause debilitating headaches, visual disturbances and other problems.

"Dr. Milhorat is widely regarded as one of the world's foremost experts on Chiari, and his surgical expertise has benefited thousands of patients around the world," said Dr. Lawrence Smith, chief medical officer of North Shore-LIJ Health System said in a statement.

"In his new role with the health system, Dr. Milhorat will continue his academic work in the understanding of the underlying causes and treatment of patients with Chiari malformation."

Milhorat and Bolognese are being sued by patients from all over the country who claim they were damaged by the duo and were guinea pigs for Milhorat's research into the life-altering condition.

"They blinded my daughter," an anguished Karen Levitan of Brooklyn told The News. "It made me sick to my stomach to read about them in the paper."

But many others have rallied to the surgeons' defense, calling them lifesavers.

Milhorat, who is in Italy at a conference and has not returned The News' phone calls, is said to be disturbed by the recent revelations in the press.

"He is an optimist by nature, and a very strong man," said Tony Sola, the attorney who is representing Milhorat in the malpractice lawsuits. "Obviously, where there is all of a sudden adverse publicity and he is being attacked in his field, he finds it distressing."

Milhorat received his medical degree from Cornell University. Prior to coming to North Shore in 2001, the Westchester resident was chairman of neurosurgery at the State University of New York Health Center in Brooklyn.

 

[ESU_MD]

maybe they should sue nurses for not following their checklists and making sure a time out happened.

I doubt this lawsuit can really go too far since no actual harm occured. I think they did the right thing- wake up the patient.

 

[Chronic Student]

Does anyone else feel like we are not getting the full story?

Something just does not add up.

 

[Miami_med]

Does anyone else feel like we are not getting the full story?

Something just does not add up.

I tend to agree. It's really strange that they'd prep and put a patient to sleep who was supposed to be operated on by a guy who everyone knew was on a different continent.

 

[Terpskins99]

maybe they should sue nurses for not following their checklists and making sure a time out happened.

I doubt this lawsuit can really go too far since no actual harm occured. I think they did the right thing- wake up the patient.

I know, right? If this woman had a spontaneous life-threatening herniation, then I might understand the outrage.

But this looks like it was an elective procedure. So the only damage was... she got her head shaved and was put under anesthesia? Come on. When I saw the title of this thread I thought the surgeons did something like leave the OR in the middle of a procedure. This is ridiculous.

 

[Dimoak]

I know, right? If this woman had a spontaneous life-threatening herniation, then I might understand the outrage.

But this looks like it was an elective procedure. So the only damage was... she got her head shaved and was put under anesthesia? Come on. When I saw the title of this thread I thought the surgeons did something like leave the OR in the middle of a procedure. This is ridiculous.

Well this lady may still have a case due to the mental anguish and strain on herself and her family regarding preparation to undergo brain surgery, being prepped and ready to go, and then just awakened and told that the surgery didn't happen and that she'll have to reschedule. It's way beyond a minor inconvenience and she could probably collect damages. It seems more like the hospital may have been trying to turf some of the blame which, by what the current information points to, was due to a scheduling error and the failure of the operative team to be aware of the location of the surgeon of record prior to beginning the procedure. I definitely agree that as far as we know, Milhorat doesn't deserve any of the blame since this wasn't an emergency and it wasn't actually his case.

 

[Terpskins99]

Well this lady may still have a case due to the mental anguish and strain on herself and her family regarding preparation to undergo brain surgery, being prepped and ready to go, and then just awakened and told that the surgery didn't happen and that she'll have to reschedule. It's way beyond a minor inconvenience and she could probably collect damages. It seems more like the hospital may have been trying to turf some of the blame which, by what the current information points to, was due to a scheduling error and the failure of the operative team to be aware of the location of the surgeon of record prior to beginning the procedure.

What kind of payment do you think she deserves? Lost time to re-grow her hair?

Re-scheduling procedures/appointments is a fact of life in medicine. It happens! Do you have any idea what kind of legal nightmare it would be if every person sued a doctor/hospital for each instance their procedure was delayed?

 

[Dimoak]

What kind of payment do you think she deserves? Lost time to re-grow her hair?

Re-scheduling procedures/appointments is a fact of life in medicine. It happens! Do you have any idea what kind of legal nightmare it would be if every person sued a doctor/hospital for each instance their procedure was delayed?

I never said I necessarily agree with it; just that the majority of experienced medmal lawyers will be able to get her compensation. It's not like she showed up to SDS, was told that the doctor wasn't going to be in, and asked to reschedule. Nor did a nurse come up to her in holding and tell her that the surgery was called off. She was prepped, shaved, carted in, and anesthetized. There are tons of surgeons that like to have their patients asleep and in the OR when they show up; that's just efficiency. But if that is to happen while the surgeon was across the Atlantic, and noone in the hospital realized it, still prepping the patient, that's prettymuch negligence and the hospital's probably going to have to open its checkbook for it.

 

[Terpskins99]

I never said I necessarily agree with it; just that the majority of experienced medmal lawyers will be able to get her compensation. It's not like she showed up to SDS, was told that the doctor wasn't going to be in, and asked to reschedule. Nor did a nurse come up to her in holding and tell her that the surgery was called off. She was prepped, shaved, carted in, and anesthetized. There are tons of surgeons that like to have their patients asleep and in the OR when they show up; that's just efficiency. But if that is to happen while the surgeon was across the Atlantic, and noone in the hospital realized it, still prepping the patient, that's prettymuch negligence and the hospital's probably going to have to open its checkbook for it.

Maybe I read incorrectly, but I thought the surgeon was across the Atlantic (Italy, wasn't it?) at the time the article was written... not at the time during the incident in question.

I would be very surprised if they sent a patient into the OR without the patient first meeting the surgeon pre-op. That, to me, would be an extreme case of anesthesiology and nursing jumping the gun on a patient. Does this normally happen at other hospitals?

 

[pillowhead]

Maybe I read incorrectly, but I thought the surgeon was across the Atlantic (Italy, wasn't it?) at the time the article was written... not at the time during the incident in question.

I would be very surprised if they sent a patient into the OR without the patient first meeting the surgeon pre-op. That, to me, would be an extreme case of anesthesiology and nursing jumping the gun on a patient. Does this normally happen at other hospitals?

all the time. i'd say the majority of the time even.

 

[MediumDef]

What kind of payment do you think she deserves? Lost time to re-grow her hair?

Re-scheduling procedures/appointments is a fact of life in medicine. It happens! Do you have any idea what kind of legal nightmare it would be if every person sued a doctor/hospital for each instance their procedure was delayed?

Being prepped, wheeled into the OR, and undergoing anesthesia is different than showing up and being told that you'll have to reschedule. How far can you go before the procedure has "started". What would be too far in your opinion, first incision? craniotomy?

 

[ThinkTooMuch]

much a do about nothing. i encourage everyone who agree with me to stop posting here. waste of space this thread is.

 

[Terpskins99]

Being prepped, wheeled into the OR, and undergoing anesthesia is different than showing up and being told that you'll have to reschedule. How far can you go before the procedure has "started". What would be too far in your opinion, first incision? craniotomy?

Well, yeah. I consider the point-of-no-return to be the first incision. You cut, the procedure has started. Outside of that, everything is fair game.

 

[JackADeli]

....just that the majority of experienced medmal lawyers will be able to get her compensation....that's prettymuch negligence and the hospital's probably going to have to open its checkbook for it.

Your wisdom, broad expertise, and security in belief make me proud and hope to one day be so great..... I just had to, was feeling frisky, and finished reading others.... found your other posts:

...I'm not in med school yet (hopefully I will be some day)...

...I know the topic of MD/JDs has been discussed before ... Are there any people here doing a different MSTP at Illinois and can give me some of their impressions or feelings on how the program is run?

What kind of payment do you think she deserves? Lost time to re-grow her hair...

I like that one.


JAD

 

[Winged Scapula]

What kind of payment do you think she deserves? Lost time to re-grow her hair...

I like that one.


JAD

Coming from a man with no hair, that's no suprise.

 

[GeraldMonroe]

There's a non-zero risk for putting someone to sleep. Granted, it's virtually zero compared to the risks of brain surgery, but it shouldn't be done on a whim. Someone should have gotten a confirmation from the surgeon before turning on the gas.

So yeah, I think payment is appropriate. If there's a 1/4000 risk of death by general anesthetic (I've heard that's about right, although is a pessimistic estimate for just putting a patient to sleep for a half hour and not actually operating), and a death has a dollar value of 5 million (estimate), then the surgeon owes her about $1250. Give the patient back her copay or a 5% discount on the operation when it's performed.

As for the hair : obviously the patient is going to undergo surgery anyway at some point in the near future, so no loss there.

Ironically, fair compensation for the patient is probably cheaper than the cost of reserving the operating room and paying the staff while they stood around waiting for the surgeon to show up.

 

[GeraldMonroe]

Another couple of comments :

Dr. Milhorat was 73. Wow, that's old. Is it really possible to still be top notch brain surgeon at that age? Doesn't the brain, uh, age and doesn't a person's coordination and vision and dozens of other things decline by that point? I've met some pretty spry professors in their 70s, but they don't seem immune to age. Mentally they're still sharp, but they can't possibly be at the level they were at 30 years previously.

 

[JackADeli]

There's a non-zero risk for putting someone to sleep. Granted, it's virtually zero compared to the risks of brain surgery, but it shouldn't be done on a whim...

So yeah, I think payment is appropriate. If there's a 1/4000 risk of death by general anesthetic, then the surgeon owes her about $1250....

Wow! Thats is some interesting logic and calculations. I am certain the trial lawyers love you.... you must have had one of those law school-medical school combined lectures and bought the whole loaf of bread. So, by your calculation one is entitled to compensation for just having risk?
1. To our knowledge, this patient had a statistical "risk" that never translated to any TRUE harm... beyond hair cut. What about the patient that actually has an operation, sustains morbidity, and unfortunately no benefit? This happens all too commonly with numerous diseases. Patients put to sleep and found AFTER incision to be inoperable or will not sustain benefit from completion of operation. By your calculation, we write a check just for the risk.... not even taking into account the true/actual pain/suffering of the procedure.
2. "...the surgeon owes her about $1250..." I haven't seen any specific facts on the actual blame. However, I am certain the surgeon did not put the patient to sleep. It would seem apparent the surgeon was never in the room for a "time-out". Thus, not certain you or anyone else can declare the surgeon owes her for the statistical risk she underwent by going under general anesthesia.

Another couple of comments :

Dr. Milhorat was 73. Wow, that's old. Is it really possible to still be top notch brain surgeon at that age? ...they can't possibly be at the level they were at 30 years previously.

Your presumption is that a 30 something yr old surgeon is a "master". There are numerous examples of elder/senior surgeons that are superb and arguably, when in decline are still well above their younger counter-parts. Some who perform, just for conversation, at a 25% less then their peak, may be performing 25% better then their younger counterparts. There is something to be said for "old school" surgeons that went through the "robot era". Their training demand sacrifice of most everything, they chose to practice similar to training, living and breathing in the hospital doing far more cases then are even available today. Consider now the new medical school grads. Work hour restrictions, etc... Medicare/Medicaid limiting autonomy of trainees. Elimination of "chief's clinic" in numerous institutions. Numerous grads, subsequent residents, and eventual attendings will probably never see the number of cases their mentors saw. The new grads will likely never have the freedoms of practice and thus not see the same complications.... etc. Currently, fields are now going to "integrated" formats, cutting out numerous experiences.... Plastics, going to integrated, no longer requires completion of general surgery. CV/CT surgery no longer requires boarding in general surgery and date of 2019 set for all integrated 6 years, pede surgery I think is looking at integrated as is vascular. Conceivably, an integrated plastics grad will not have the same level of expertise as a senior today.

I am not making the argument that we should halt modernization of training. I am simply saying proclaiming ones age as the comparative is fairly.... well, apologies,....ignorant. Yes, they might be at the level of their 30 something yr old counterpart.... and very embarassed to admit their decline to such a degree! Having said that, I must admit I would like to see some "senior surgeons" retire

JAD

 

[Dimoak]

Your wisdom, broad expertise, and security in belief make me proud and hope to one day be so great.....

Acknowledging greatness is the first step to one day being great yourself. You will go far, my young Padawan.

I just had to, was feeling frisky, and finished reading others.

I deserved that heh.

then the surgeon owes her about $1250

Did you perhaps mean that the hospital owes her, as this is not the surgeon's fault?

I would like to see some "senior surgeons" retire

Is that the CT motto?

 

[aphistis]

There's a non-zero risk for putting someone to sleep. Granted, it's virtually zero compared to the risks of brain surgery, but it shouldn't be done on a whim. Someone should have gotten a confirmation from the surgeon before turning on the gas.

So yeah, I think payment is appropriate. If there's a 1/4000 risk of death by general anesthetic (I've heard that's about right, although is a pessimistic estimate for just putting a patient to sleep for a half hour and not actually operating), and a death has a dollar value of 5 million (estimate), then the surgeon owes her about $1250. Give the patient back her copay or a 5% discount on the operation when it's performed.

As for the hair : obviously the patient is going to undergo surgery anyway at some point in the near future, so no loss there.

Ironically, fair compensation for the patient is probably cheaper than the cost of reserving the operating room and paying the staff while they stood around waiting for the surgeon to show up.

Whoa, whoa, WHOA.

1 in 4000?

Try closer to 1 in 200,000, and that's using 50-year-old data.

 

[JackADeli]

....Is that the CT motto?

I would be the wrong person to ask about what if any is the CT motto.

 

[Winged Scapula]

If there's a 1/4000 risk of death by general anesthetic (I've heard that's about right...

That is a GROSS overestimate.

Most estimates put the risk of preventable death due to general anesthesia between 1 in 100,000 and 1 in 300,000. If it were a 1 in 4,000 risk a LOT of us would be seeing intraoperative deaths. This is old data; with safer techniques and monitoring, I'd bet its much less common these days.

I'd encourage my anesthesia colleagues to step in, but the risk of anesthesia related death is no where near 1 in 4,000.

NB: see aphistis makes the same comment above, which I missed

 

[GeraldMonroe]

Well, I'll use 1/200,000 as the "operative" figure. That's the expected value of the patient's loss. So, about $25. I guess a Starbucks' gift card is appropriate.

The difference between this and a risky surgery is that the patient didn't consent to be put to sleep and not worked on. Thus, the patient didn't consent to the risks.

Umm, I don't know how trial lawyers invent their figures, but I doubt they follow a sound or sensible metric. Expected value makes perfect sense to me.

Whether it's $1250 or $25, it's chump change. I don't see why the responsible party shouldn't compensate the patient for the error.

 

[JackADeli]

....Whether it's $1250 or $25, it's chump change. I don't see why the responsible party shouldn't compensate the patient for the error.

Cause you generally do not "compensate" without damage or loss..... "risk" in and of itself does not require compensation.

As for chump change, once you start settling for chump change the blood is in the water and everyone starts expecting and seeking.... that is what has born out with quick settlements elswhere. Hence, that is why good med risk management at hospitals will spend in excess of 250k to fight a "chump change" case that would have settled for 10k.

JAD

 

[Winged Scapula]

Well, I'll use 1/200,000 as the "operative" figure. That's the expected value of the patient's loss. So, about $25. I guess a Starbucks' gift card is appropriate.

The difference between this and a risky surgery is that the patient didn't consent to be put to sleep and not worked on. Thus, the patient didn't consent to the risks.

Patients have to accept that possibility in any operation and consent to it.

I have the right to stop or refuse to start any operation in which I feel it would be dangerous to continue. The patient accepts that when they sign the consent, knowing that they may not wake up having the operation they expected or that I could not finish everything I needed to do.

I tell the nurses when they give me a hard time, when doing a bilateral procedure, for doing the cancer side first (because that means they have to have two trays, two sets of instruments, whereas if I did the non-malignant side first I could just use the "dirty" instruments on the cancer) that if I have a stroke, or the power goes out, or the patient has an intraoperative MI, I want to have the cancer out first if at all possible before closing.

IMHO: no award for "not consenting to be put to sleep and not worked on". This is an accepted part of surgery.

 

[homealone3]

Cause you generally do not "compensate" without damage or loss..... "risk" in and of itself does not require compensation.

JAD

Exactly; to legally substantiate a lawsuit, there has to be ACTUAL damages. There are no grounds for compensating mere risk alone.

 

[proman]

I normally don't post outside the anesthesiology/critical care forums, but here's some data on anesthetic-related risk (source is Anesthesiology April 2009, pg 759-765).

Using ICD-10 anesthesia related diagnoses, the estimated anesthesia-related deaths were 1.1 per million per year (all comers, including OB, inpatient, ambulatory, out of OR anesthesia etc), and 8.2 per million hospital surgical discharges. These rates are much lower than prior studies at individual institutions, which are around 1 per 15,000. In Australia, where there is a registry for anesthesia-related deaths, the rate is 1 per 200,000. Rates will vary tremendously based on denominator used. Obviously, morbidity is not addressed and is much more common.

While the data varies quite a bit (and the study above has its limitations), intraoperative and postoperative mortality is more based on the type of operation and the health of the patient.

 

[GeraldMonroe]

Thanks for the reply, proman. Honestly my "information" on this came from watching some reality TV plastic surgery show, where the anesthesiologist warned the patient that the chance of death was 1/4000. I thought that sounded pretty high : I would be scared to undergo anesthesia just for cosmetic changes if it carried a significant chance of death.

 

[Excelsius]

I am not sure how we come up with $5 mln/human life. Obviously, human life is priceless, but if we are trying to quantify it and use what insurance companies use, then we'd get something like this:

The Value of a Human Life: $129,000 ($3.8 mln assuming the person is 40 and lives to 70)

For individual calculations, it will depend on the income of the person because theoretically the family can sue for all the time that the patient could have worked. If we take a 40 year old with average US income of $45K and assume he'll work until 65, that's still only $1.125 million and at 1/200K chance of death = $5.63. On the other hand, if you're operating on a 40 year old neurosurgeon who makes 7mil/year and is going to work until he's 73, then you are looking at $1155 compensation in this case (and if he dies, you're screwed).

I don't know how medical contracts work, but presumably there should be a clause that covers any errors in scheduling and unnecessary anesthesia. Absent that, I don't see why a patient can't sue. $5 isn't much, so another method of attack would have to be implemented that has a lower probability than 1/200k. Maybe the possibility of allergic reactions or stroke...

 

[JackADeli]

Cause you generally do not "compensate" without damage or loss..... "risk" in and of itself does not require compensation...

...I don't see why a patient can't sue. $5 isn't much, so another method of attack...

The issue is one of damages not necessarily compensation for theoretical "risk". I have heard of and seen patients sue on the grounds of theoretical risk and "win" only in cases in which the plaintiff was NOT seeking undeserved profit/financial gain. In other words, the plaintiff sued for different/improved labeling or sued to force a hospital to implement a new "system" to prevent future patients from being placed at "risk", etc.... Ultimately, such suits have resulted in hospital system changes and generalized/global patient benefits, and sometimes a family name legacy for the patient/plaintiff. Medical school lectures citing the story of the families' plight and how the family helped implement a new system, etc... They did not try to sue for profit.

JAD