Did the hospital violate my informed consent?

Question

I recently had hand surgery and signed the anesthesia informed consent form in which I agreed to an axillary block and sedation. On the morning of my surgery, the person assigned to me was not qualified to do one so had to go and find an anesthesiologist. To make a long story short, it took a long time to find someone and then he never tested me for numbness andI ended up feeling the surgeon cut into me.

The hospital said that the anesthetist assumed I would be having General Anesthesia since "most people who have hand surgery do" and hadn't looked at my chart. I got a copy of my medical records and I see on the consent form that I consented to the "axillary block and sedation" But on my chart it said "Monitored Anesthesia care with Local" which is different. Explains why the anesthetist was assigned to me - he would be qualified to do that. But why would the hospital admit to someone not looking at a chart instead of a chart error? Seems like the chart error is less negligent

Answer 1

People make mistakes, even doctors.

Answer 2

Good God... Sue Them. I would

Answer 3

OR schedules are crazy.  We don't usually get much information in anesthesia until the afternoon before.

ALL anesthetics are potential general anesthetics, and you should have been told that (if the local anesthetic had caused as seizure, for example, you go to sleep and get intubated for airway protection).  Medicine does not come with any guarantees.  

Surgeons usually post the case and one of the things they put on the posting is the anticipated anesthetic.  I'd guess your surgeon planned to do the case with local.

From this and your other posts, it seems the charting was less than spectacular.  If you're looking for a reason to sue, though, you have to have some serious damage, like permanent injury or death.  Being treated poorly doesn't make much of a case.

Answer 4

I am a little confused- did you get an Anesthesiologist who did not do what he was supposed to, or a Nurse Anesthetist who was not allowed to do axillary blocks?

Answer 5

Regional aneathesia (when you make a region  numb by blocking nerve supplying that part ) is a type of local aneasthesia (Putting aneasthetic around affected area to put that area numb).

Axillary block is a type of regional block aneasthesia,a common method for hand,wrist or forearm surgeries.

Sometimes local/regional aneasthesia is combined with sedation to make patient relaxed or sleepy during  surgery .

An aneathetist is usually required to monitor patient during any  aneasthesia not necessarily general aneasthesia.

Unfortunately these days patient may never get opportunity to discuss treatment options in detail and if surgery is decided then different types of aneasthesia and risks & benefits involved with each type.



There is nothing wrong with type of aneasthesia given to you or aneasthetist assigned.But there should have been more bonding and mutual understanding between surgeon and patient,very important of all.

Answer 6

It sounds like a terrible situation all the way around. Unfortunately, we're now in the age of corporate medicine, with medical and surgical care treated as if they were any other commodity. The entire world has bought into the concept, and it's unfortunate, because medicine is, must be, and has to be, a cottage industry. Your anesthesia should come from a personal relationship with your anesthesiologist, just as you're putting your hand in those of the hand surgeon. It's sad, but the way things should be is close to extinct. Moreover, it would be nice if there were a single point that you could point to for blame, but it isn't A mistake, it's a SERIES of systemic problems.

Answer 7

It doesn't sound like the consent was per-say violated but I would see a lawyer asap

Answer 8

Axillary block IS a type of local anesthesia, so I'm not sure why you say that the chart was in error. Anesthesia that knocks you out is "general anesthesia" and when they only numb part of your body, like an arm, it's "local anesthesia."

Regardless, someone should have sat down with you and explained exactly what went wrong, and why. You seem like a reasonable person who just wants to understand what you went through. When something goes wrong with a patient I always try to explain to them what happened. Unfortunately, many doctors are simply overworked, and the time to adequately investigate and explain the error can take an hour or more out of your schedule.

Many doctors are also under the mistaken impression that discussing an error with a patient will make them more likely to sue. It actually makes them less likely to sue, because most people just want information. when they can't get an adequate explanation, then they sue.

I hope you can get a satisfactory answer.

Answer 9

Sorry to say this, but the physicians you came across seem to be very unprofessional and quite frankly negligent. Its a good thing you did not suffer any major complications (except for having to bear with the pain during your surgery).

Answer 10

Regardless...this is negligence...not a violation of informed consent.  Informed consent is if something were to go wrong during the surgery, you give consent for them to do the best thing for you.  

Essentially axillary block and sedation is the same thing as monitored anesthesia care with Local.  Puttlng you to sleep would be General anesthesia and Local is simply numbing a part of your body that otherwise would feel pain.  

I would contact an atty.