Resident Surgeon did my surgery without my knowledge

UPDATED: Oct 1, 2022

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Resident Surgeon did my surgery without my knowledge

Diagnosed with Breast Cancer…a resident did my surgery without my knowledge. the surgeon I had the consultation with, and met with me prior to the surgery made NO mention of a resident performing or even observing the procedure. I paid for HIS services NOT a residents. I also suffered some additional side effects for being under anesthesia longer than I should have been

Asked on October 25, 2017 under Malpractice Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) You don't have any recourse or legal claim for a different surgeon doing the work unless you had signed some contract or written agreement in which it was specified that only the given surgeon would operate. In the absence of a contract requiring it to be that one surgeon, nothing wrong was done if someone else operated.
2) Are the side effects from the anesthesia either resolved, clearly resolving, or minor? If so, there is no viable claim. Malpractice claims are expensive and complicated, but in them, you can only only recover compensation for the actual harm or costs you suffered. With transitory or minor affects on you, you would spend far more on the lawsuit or any legal claim that you'd get back.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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