There are several theories that could potentially support a lawsuit in this case, including:
1. Medical Malpractice / Negligence: The patient may consider a medical malpractice claim against the first surgeon. To establish a negligence claim, the patient would need to prove that the surgeon had a duty of care to the patient, they breached that duty, and this breach caused harm to the patient. In this case, the patient may argue that the first surgeon negligently performed the surgery, resulting in the complications, and then was negligent in dismissing their complaints and failing to diagnose the issue, leading to worsening of the complications.
2. Lack of Informed Consent: Another possible claim is based on the lack of informed consent by the patient for the elective surgery. If the first surgeon did not inform the patient of the potential risks and complications, the patient may argue that they would not have undergone the surgery had they known of the risks. In such a case, the patient would need to prove that the surgeon failed to disclose the necessary information, and that the patient suffered harm as a result of the surgery as a consequence of this lack of informed consent.
3. Abandonment: A claim for abandonment could be raised if the first surgeon improperly withdrew from the case. Generally, a healthcare professional cannot unilaterally terminate a doctor-patient relationship without providing reasonable notice and allowing for the patient to secure alternative care. In this case, the patient may argue that the surgeon's withdrawal from the case constituted abandonment and resulted in the delay in treatment and subsequent worsening of the complications.
4. Emotional Distress: The patient might also consider a claim for emotional distress associated with the surgeon's dismissal of their complaints, lack of proper care, and the worsening complications. The patient would need to establish that the surgeon's conduct was so extreme and outrageous that it caused severe emotional distress.
5. Loss of Consortium: If the patient is married, their spouse may have a claim for loss of consortium, which refers to the loss of companionship, care, or intimacy as a result of the complications and their worsening condition. This claim would arise from the alleged negligence of the first surgeon.
It's important to consult with an experienced attorney to determine which of these theories best apply to the specific facts of this case and pursue a lawsuit accordingly.
Describe the theories that could support a lawsuit under these circumstances: A surgeon performs elective surgery on a patient. The patient later complains to the surgeon about the pains resulting from the surgery. The surgeon dismisses his complaints an not credible and eventually withdraws from the case. The patient is then treated by another surgeon, who determines that the had developed complications from the surgery and the the delay in treatment has made the complications worsen. The patient sees an attorney about a possible lawsuit against the frist surgeon. Thank you, CC
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