What to do if my son went in for shoulder surgery but just before the operation was to begin they realized that they didn’t have the proper instruments to proceed?

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What to do if my son went in for shoulder surgery but just before the operation was to begin they realized that they didn’t have the proper instruments to proceed?

He was admitted, his blood was taken, an IV was administered and he was given a mild anestia. Then they suddenly realized they didn’t have the proper tools to complete the surgery, so it was rescheduled until today. Is there a possible lawsuit in this act of negligence?

Asked on March 20, 2013 under Malpractice Law, Pennsylvania

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If they had proceeded to work on your son without the proper equipment and your son suffered an injury or harm as a result, then there would be a basis for a medical malpractice claim.   What you have is more of a consumer complaint.  Considering that the delay what their fault, they should not bill you for procedures that were performed. 


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