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Richard Shekter featured on AdvocateDaily.com: "Rare Decision Won't Open Legal Floodgates"

Jul 06, 2017

Just because things go wrong during surgery doesn’t mean you can sue a doctor for negligence, says Toronto litigator Richard Shekter

Not even if you wake up during surgery and feel the surgeons cutting into your abdomen and moving your internal organs around will you necessarily have grounds to sue — except in circumstances like the recent case of a Toronto woman where a doctor fails to meet the expected standard of care. 

In what is believed to be the first award for “accidental surgical awareness,” a judge ruled that the woman woke up because of an anesthetist’s negligence, reports the National Post

The woman was successful because she was able to prove that a doctor was directly at fault for her waking up – a situation that almost never happens, Shekter tells AdvocateDaily.com

Just because things go wrong during surgery doesn’t mean you can sue a doctor for negligence, says Toronto litigator Richard Shekter.  Not even if you wake up during surgery and feel the surgeons cutting into your abdomen and moving your internal organs around will you necessarily have grounds to sue — except in circumstances like the recent case of a Toronto woman where a doctor fails to meet the expected standard of care.  In what is believed to be the first award for “accidental surgical awareness,” a judge ruled that the woman woke up because of an anesthetist’s negligence, reports the National Post.  The woman was successful because she was able to prove that a doctor was directly at fault for her waking up – a situation that almost never happens, Shekter tells AdvocateDaily.com. 

 

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My name is Carol R. On February 9th, 2005 I was in very a severe car accident. I was in the hospital almost four months. I ended up with severe brain damage and a lot of broken bones. Once home, we hired Shekter/Dychtenberg to represent me in our law suit. In June of 2012 they had made an offer which Alden didn’t feel was enough. I was willing to accept it, but thank god Alden talked me out of it. In December of 2012 they made and offer for the full amount. I am just so very thankful that I listen to Alden and received everything that was coming to me.

Carol R.

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